PAN AMERICAN WORLD AIRWAYS, INC. v. C. A. B.

No. 217, Docket 74-1646.

517 F.2d 734 (1975)

PAN AMERICAN WORLD AIRWAYS, INC., and Trans World Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided May 22, 1975.


Attorney(s) appearing for the Case

Harold L. Warner, Jr., New York City, with whom Carl S. Rowe, New York City, Jerry W. Ryan, and Edmund E. Harvey, Washington, D. C., were on the brief, for petitioners.

Glen M. Bendixsen, Associate Gen. Counsel, Litigation and Research, C. A. B., with whom Thomas V. Heye, Gen. Counsel, C. A. B., O. D. Ozment, Deputy Gen. Counsel, C. A. B., Asst. Atty. Gen. Thomas E. Kauper, Alan R. Demby, Atty., C. A. B., and Carl D. Lawson, Atty., Dept. of Justice, were on the brief, for respondent.

Robert M. Lichtman, Washington, D. C., with whom Robert E. Nagel, Washington, D. C., was on the brief, for National Air Carriers Association, Inc., Capitol International Airways, Inc., Overseas National Airways, Inc., Saturn Airways, Inc., Trans International Airways, Inc., and World Airways, Inc., intervenors.

Before SMITH and TIMBERS, Circuit Judges, and WEINSTEIN, District Judge.


WEINSTEIN, District Judge:

Exercising its rule-making power, the Civil Aeronautics Board (C.A.B. or Board) has authorized supplemental air carriers to operate foreign originating travel group charters. Reg. SPR-74, 39 Fed.Reg. 10886 (1974). Rules of the foreign country must conform to the detailed standards contained in the Board's regulation and there must be a bilateral international agreement authorizing the operation.

Petitioners contend that the standards...

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