REA EXPRESS, INC., Petitioner,
Brotherhood of Railway and Airline Clerks et al., Intervenors,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Air Freight Forwarders Association et al., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 21, 1974.
Remanded for Reconsideration December 23, 1974.
Decided after Remand and Reconsideration October 6, 1975.
Attorney(s) appearing for the Case
Bert W. Rein, Washington, D. C. (Kirkland, Ellis & Rowe, Washington, D. C., Arthur M. Wisehart, John J. C. Martin, Peter G. Wolfe, New York City, Anderson, Russell, Kill & Olick, P. C., New York City, of counsel), for petitioner REA Express, Inc.
Peter R. Steenland, Jr., Atty., Civ. Aeronautics Bd., Washington, D. C. (Thomas J. Heye, Gen. Counsel, C.A.B., O. D. Ozment, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Robert L. Toomey, Atty., C.A.B., Washington, D. C., Thomas E. Kauper, Asst. Atty. Gen., Howard E. Shapiro, Atty., Dept. of Justice, Washington, D. C., of counsel), for respondent Civil Aeronautics Bd.
Louis P. Haffer, Washington, D. C. (Robert N. Meiser, Haffer & Meiser, Washington, D. C., of counsel), for intervenors Air Freight Forwarders Association.
Solomon I. Hirsh, Rosemont, Ill. (William J. Donlon, Brotherhood of Railway, Airline & Steamship Clerks, Rosemont, Ill., Reilly, Fleming & Reilly, New York City, Highsaw & Mahoney, Washington, D. C., of counsel), for intervenor Brotherhood of Railway, Airline and Steamship Clerks.
Jerry W. Ryan, Washington, D. C. (Reavis, Pogue, Neal & Rose, Washington, D. C., of counsel), for Emery Air Freight Corp.
Eugene Wallman, New York City (N. Marshall Meyers, Washington, D. C., of counsel), for intervenors Pet Industry Joint Advisory Council, Association of Animal and Fish Distributors, Inc., National Pet Dealers and Breeders Assn., Inc., Pet Producers of America, Inc., Florida Tropical Fish and Farm Assn., Inc., Safari Animal Imports, Inc., Gators of Miami, Inc., A-1 Animal Ranch, Inc.
William Q. Keenan, New York City (Martin S. Snitow, Arsham & Keenan, New York City, of counsel), for intervenors National Small Shipments Traffic Conference, Inc., Drug and Toilet Preparations Traffic Conference and Eastern Industrial League, Inc.
Richard A. Hyde, Director Legal Proceedings, United Air Lines, Inc., Chicago, Ill., for United Air Lines, Inc., one of Airlines participating in Air Express Service.
Russell S. Bernhard, Washington, D. C. (Macleay, Lynch, Bernhard & Gregg, Washington, D. C., William C. Burt, Koteen & Burt, Washington, D. C., of counsel, for Airlines participating in Air Express Service.
Before SMITH, HAYS and MANSFIELD, Circuit Judges.
United States Court of Appeals, Second Circuit.
MANSFIELD, Circuit Judge:
REA Express, Inc. ("REA") has petitioned for review of several orders of the Civil Aeronautics Board ("Board") affecting REA's operations, the most important of which are orders (1) terminating REA's authority as an indirect air carrier to provide "air express" service under an agreement with some 33 United States airlines1 but authorizing REA to act as an air freight forwarder in lieu of providing "air express...
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