SOUTHERN AIRWAYS, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines, Inc., et al., Intervenors.
DELTA AIR LINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Southern Airways, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 8, 1974.
Decided May 24, 1974.
Attorney(s) appearing for the Case
John Law Elliott, Washington, D. C., with whom Cecil A. Beasley, Jr., and John C. Smuck, Washington, D. C., were on the brief, for petitioner in No. 73-1375 and intervenor Southern Airways, Inc. in No. 73-1389.
Robert Reed Gray, Washington, D. C., with whom James W. Callison, Atlanta, Ga., and Louis Hayner Kurrelmeyer, Washington, D. C., were on the brief for petitioner in No. 73-1389 and intervenor Delta Air Lines, Inc. in No. 73-1375.
Robert L. Toomey, Atty. C. A. B., with whom Richard Littell, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Joan Marie Frankel, Atty., C. A. B., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondent. R. Tenney Johnson, Gen. Counsel, C. A. B., and Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, C. A. B., at the time the record was filed, also entered appearances for respondent.
Theodore I. Seamon and Joseph D. Sullivan, Washington, D. C., were on the brief for intervenors, City of Memphis and Memphis Area Chamber of Commerce. Lawrence D. Wasko, Washington, D. C., also entered an appearance for Memphis intervenors.
Aaron A. Wilson and Nordahl E. Holte, Kansas City, Mo., were on the brief for intervenor, City of Kansas City, Mo.
Before HASTIE, United States Senior Circuit Judge for the Third Circuit, and WRIGHT and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
WILKEY, Circuit Judge:
Petitioner Southern Airways, Inc. (Southern) challenges Civil Aeronautics Board Order No. 73-2-90, entered 23 February 1973.1 The comparative hearings underlying the Order were conducted pursuant to this court's decision in Delta Airlines, Inc. v. CAB,2 which vacated and remanded a 1969 Board order extending Southern's route authority between...
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