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STATE OF MAINE v. C. A. B.

No. 74-1413.

520 F.2d 1240 (1975)

STATE OF MAINE et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines, Intervenor.

United States Court of Appeals, First Circuit.

August 13, 1975.

Attorney(s) appearing for the Case

Joseph B. Goldman, Washington, D. C., with whom Morison, Murphy, Abrams & Haddock, Washington, D. C., was on brief, for petitioners.

Peter R. Steenland, Jr., Atty., Civ. Aeronautics Bd., with whom Glen M. Bendixsen, Associate Gen. Counsel, Div. of Litigation and Research, Thomas E. Kauper, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, and Thomas J. Heye, Gen. Counsel, Civ. Aeronautics Bd., were on brief, for respondent.

Frank F. Rox, Atlanta, Ga., with whom Robert Reed Gray and Hale Russell & Stentzel, Washington, D. C., were on brief, for intervenor, Delta Air Lines, Inc.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This appeal challenges the deletion by the Civil Aeronautics Board (Board) of the municipalities of Bar Harbor and Rockland, Maine, from Delta Airline's certificate of public convenience and necessity. These orders were only two of many that resulted from the New England Service Investigation, which entailed a reevaluation of air traffic needs throughout New England. The deletions challenged here were the product of Delta's request and...

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