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UNITED STATES v. C. A. B.

Nos. 73-2276, 74-1900.

511 F.2d 1315 (1975)

UNITED STATES of America, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Trans World Airlines, Inc., United Air Lines, Inc., Braniff Airways, Inc., Northwest Airlines, Inc., Intervenors. UNITED STATES of America, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Trans World Airlines, Inc., United Air Lines, Inc., Braniff Airways, Inc., Northwest Airlines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1975.

Attorney(s) appearing for the Case

Robert B. Nicholson, Atty., Dept. of Justice, with whom Thomas E. Kauper, Asst. Atty. Gen., Howard E. Shapiro and William T. Clabault, Attys., Dept. of Justice, were on the brief, for petitioner in Nos. 73-2276 and 74-1900.

Glen M. Bendixsen, Associate Gen. Counsel, with whom Richard Littell, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel, and Robert L. Toomey, Atty., Civil Aeronautics Board, were on the brief for respondent, Civil Aeronautics Board.

Edmund E. Harvey, Washington, D. C., for intervenors, American Airlines, Inc., Trans World Airlines, Inc., and United Air Lines, Inc.

James M. Verner, Washington, D. C., was on the brief for intervenor, Northwest Airlines, Inc.

B. Howell Hill and Alexander E. Bennett, Washington, D. C., were on the brief for intervenor, Braniff Airways.

Before LEVENTHAL and WILKEY, Circuit Judges, and RICHEY, United States District Court Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

We are again faced with a challenge to the regulatory response of an administrative agency to the fuel crisis of late 1973. In this case the petitioner is the United States, acting through the Antitrust Division of the Department of Justice, and the administrative agency under review is the Civil Aeronautics Board.

The United States argues that the Board, faced with a decrease...

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