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UNITED STATES v. C. A. B.

Nos. 73-2116 and 74-1794.

510 F.2d 769 (1975)

UNITED STATES of America, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., et al., and Northwest Airlines, Inc., Intervenors. UNITED STATES of America, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., et al., and Northwest Airlines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1975.

Attorney(s) appearing for the Case

James C. Hair, Jr., Atty., Washington, D. C., with whom Carla A. Hills, Asst. Atty. Gen., Irving Jaffe, Deputy Asst. Atty. Gen. and Robert E. Kopp, Washington, D. C., were on the brief, for petitioner.

Robert L. Toomey, Atty., Washington, D. C., with whom Richard Littell, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel and Rozann M. Skozen, Atty., Washington, D. C., were on the brief for respondent. Also Jay L. Witkin and Thomas J. Heye, Washington, D. C., entered appearances for respondent.

Jerrold Scoutt, Jr., Washington, D. C., with whom Ralph L. Kissick and John H. Quinn, Jr., Washington, D. C., were on the brief, for Braniff Airways, Inc. and others.

James M. Verner and Ronald D. Eastman, Washington, D. C., were on the brief, for Intervenor Northwest Airlines, Inc.

Before WILKEY, Circuit Judge, NICHOLS, Judge, United States Court of Claims, and GASCH, United States District Court Judge for the District of Columbia.

NICHOLS, Judge:

Petitioner, United States, on behalf of the Defense Department (DOD), seeks review of Civil Aeronautics Board (CAB) Economic Regulations (ER) 819 and 861 (of August 28, 1973, and June 11, 1974, respectively). The effect of these ER's is that DOD owes, as stated by counsel roughly, an additional $5,000,000 to the intervenors, United States commercial airlines, for charter air services rendered to the Military Airlift Command (MAC) during the period...

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