CONTINENTAL AIR LINES, INC. v. C. A. B.

Nos. 73-1714, 73-1718.

522 F.2d 107 (1974)

CONTINENTAL AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., et al., Intervenors. CONTINENTAL AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 1974.

Order January 21, 1975.

Reargued April 2, 1975.

On Rehearing October 14, 1975.


Attorney(s) appearing for the Case

Thomas D. Finney, Jr., Washington, D.C., with whom Lee M. Hydeman and James T. Lloyd, Washington, D.C., were on the brief, for petitioner.

Alan R. Demby, Atty., C. A. B. with whom Richard Littell, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel and Robert L. Toomey, Atty., C. A. B., were on the brief, for respondent.

Carl D. Lawson, Atty., Dept. of Justice, with whom Bruce B. Wilson, Acting Asst. Atty. Gen., Robert B. Nicholson, Atty., Dept. of Justice, was on the brief, for intervenor United States.

Edmund E. Harvey, Washington, D.C., for intervenor Trans. World Airlines, Inc.

Alfred V. J. Prather and J. William Doolittle, Washington, D.C., were on the brief for intervenor American Airlines, Inc.

Henry L. Hill, Chicago, Ill., was on the brief for intervenor United Air Lines, Inc., J. Stanley Stroud, Chicago, Ill., also entered an appearance for intervenor United Air Lines, Inc. in No. 73-1718. Frank P. Cihlar, Washington, D.C., also entered an appearance for intervenor United Air Lines, Inc., in No. 73-1714.

James W. Callison, Atlanta, Ga., was on the brief for intervenor, Delta Air Lines, Inc. Robert Reed Gray, Washington, D.C., also entered an appearance for intervenor, Delta Airlines, Inc.

Before WRIGHT, TAMM and WILKEY, Circuit Judges.


On Rehearing En Banc October 14, 1975.

TAMM, Circuit Judge:

In this consolidated appeal, petitioner Continental Air Lines, Inc. (hereinafter "Continental"), joined in several of its arguments by the Department of Justice as intervenor, challenges four administrative orders of the Civil Aeronautics Board (hereinafter "the Board") which established and implemented a Board policy concerning standards for commercial airplane...

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