CONTINENTAL AIR LINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Western Air Lines, Inc., Hughes Air Corporation, d/b/a Hughes Airwest, United Air Lines, Inc., Trans World Airlines, Inc., City of Kansas City, Missouri and Chamber of Commerce of Greater Kansas City, City and County of Denver, Colorado, Public Utilities Commission of the State of Colorado, San Diego Unified Port District, the City of San Diego, San Diego Chamber of Commerce, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 11, 1975.
Decided September 22, 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.
Glen M. Bendixsen, Associate Gen. Counsel, Civ. Aeronautics Bd., Thomas J. Heye, Gen. Counsel, O.D. Ozment, Deputy Gen. Counsel and David E. Bass, Atty., Civ. Aeronautics Bd., were on the brief for respondent. Robert L. Toomey, Atty., Civ. Aeronautics Bd., also entered an appearance for respondent.
Emory N. Ellis, Jr., Washington, D.C., with whom Gerald P. O'Grady, Los Angeles, Cal., was on the brief for intervenor Western Air Lines, Inc. Howard L. Culver, Los Angeles, Cal., also entered an appearance for intervenor Western Air Lines, Inc.
William M. Dickson, Chicago, Ill., was on the brief for intervenor United Air Lines, Inc., Henry L. Hill, Chicago, Ill., also entered an appearance for intervenor United Air Lines, Inc.
John P. Moore, Atty. Gen. of Colorado and Tedford Dees, Asst. City Atty., Denver, Colo., were on the brief for intervenors City and County of Denver, Colo. and The Public Utilities Commission of the State of Colorado.
Aaron A. Wilson, City Atty., Kansas City, Mo., and Nordahl E. Holte, Asst. City Atty., were on the brief for intervenors City of Kansas City, Missouri and the Chamber of Commerce of Greater Kansas City.
Joseph D. Patello, San Diego, Cal., was on the brief for intervenors San Diego Unified Port District, City of San Diego and San Diego Chamber of Commerce.
Richard A. Fitzgerald, San Mateo, Cal., and John W. Simpson, Washington, D.C., entered an appearance for intervenor Hughes Air Corporation, d/b/a Hughes Airwest.
Edmund E. Harvey, New York City, entered an appearance for intervenor Trans World Airlines, Inc.
Laurence K. Gustafson and Howard E. Shapiro, Attys., Dept. of Justice, filed a brief on behalf of the United States of America as amicus curiae urging reversal.
Before WRIGHT and LEVENTHAL, Circuit Judges, and WEIGEL, United States District Judge for the Northern District of California.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge Leventhal.
LEVENTHAL, Circuit Judge:
Continental Air Lines, Inc. petitions for review of two orders of the Civil Aeronautics Board (CAB) entered in the Board's Additional Service to San Diego Case. The challenged orders — Order 72-12-29, December 8, 1972, and Order 74-5-17, May 3, 1974 — rejected the recommendations of the Administrative Law Judge (ALJ) that competitive nonstop authority be certificated...
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