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AIR LINE PILOTS ASSOCIATION, INTERNATIONAL v. C. A. B.

Nos. 74-1572, 74-1600.

515 F.2d 1010 (1975)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. CONTINENTAL TRAILWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, National Association of Motor Bus Owners, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1975.

Attorney(s) appearing for the Case

Gary Green, Washington, D. C., for petitioner in No. 74-1572.

Howard S. Boros, Washington, D. C., with whom Mark Pestronk, Washington, D. C., was on the brief for petitioners in No. 74-1600 also entered an appearance for intervenor in No. 74-1600.

Peter R. Steenland, Jr., Atty., Civ. Aeronautics Bd., with whom Thomas J. Heye, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Robert L. Toomey, Atty., Civ. Aeronautics Bd., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief for respondent. Carl D. Lawson, Atty., Dept. of Justice, also entered an appearance for respondent.

Ken W. Strobel, Dodge City, Kan., filed a brief on behalf of Air Midwest, Inc. and Corresponding Attorneys for the cities and civil interests of Hutchinson, Great Bend and Dodge City, urging affirmance.

David N. Brictson, Denver, Colo., entered an appearance for intervenor in No. 74-1572.

Before BAZELON and LEVENTHAL, Circuit Judges, and WEIGEL, United States District Judge for the Northern District of California.

WEIGEL, District Judge.

Under a certificate issued by the Civil Aeronautics Board, Frontier Air Lines, Inc. has the right and duty to provide air service to three small cities in Kansas which lie on its route between Wichita and Denver, Colorado. Since 1970, however, Frontier's duty to serve the three cities (Hutchinson, Great Bend, and Dodge City) has been suspended by the Board on condition that substitute service be provided. The substitute service has been supplied...

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