WESTERN AIR LINES, INC. v. CIVIL AERONAUTICS BOARD

Nos. 72-1033, 72-1162 and 72-1165.

495 F.2d 145 (1974)

WESTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Alaska Airlines, Inc., et al., Intervenors. STATE OF ALASKA et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Alaska Airlines, Inc., Intervenor. PAN AMERICAN WORLD AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Alaska Airlines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 1974.


Attorney(s) appearing for the Case

James F. Bell, Washington, D. C., with whom Gerald P. O'Grady, Los Angeles, Cal., was on the brief, for petitioner in No. 71-1033.

M. Kenneth Frank, Asst. Atty. Gen., was on the brief for petitioner, State of Alaska.

M. T. Thomas, Juneau, Alaska, of the bar of the Supreme Court of Alaska, pro hac vice, by special leave of Court for petitioner in No. 72-1162.

Richard J. Fahy, Jr., New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court with whom Robert N. Duggan, Washington, D. C., was on the brief for petitioner in No. 71-1165.

Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research, C.A.B., with whom R. Tenny Johnson, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Ivars V. Mellups, Atty., C.A.B. and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondent.

Herman F. Scheurer, Jr., Washington, D. C., with whom Robert Reed Gray, Louis Hayner Kurrelmeyer, Washington, D. C., and Henry J. Camarot, Eugene, Or., were on the brief, for intervenor Alaska Airlines, Inc.

Lofton L. Tatum, Portland, Or., and Harry A. Bowen, Washington, D. C., filed a brief on behalf of City of Portland et al. as amici curiae urging reversal.

Edward A. Stahla, Ketchikan, Alaska, entered an appearance for intervenors, the City of Ketchikan et al. in No. 72-1033.

Before LEVENTHAL and ROBB, Circuit Judges, and WILLIAM J. JAMESON, Senior U. S. District Judge for the District of Montana.


LEVENTHAL, Circuit Judge:

These consolidated petitions for review of an order of the Civil Aeronautics Board challenge the Board's decision to suspend the authority of two air carriers to operate on certain routes contained in permanent certificates, issued to them by the Board, pursuant to § 401 of the Federal Aviation Act, 49 U.S.C. § 1371. Acting under its power to "alter, amend, modify or suspend any . . . certificate . . . if the public convenience...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases