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UNITED AIR LINES, INC. v. C. A. B.

No. 73-1017.

518 F.2d 256 (1975)

UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Continental Air Lines, Inc., et al., Intervenors.

United States Court of Appeals, Seventh Circuit.

Decided July 2, 1975.

Attorney(s) appearing for the Case

H. Templeton Brown, Robert L. Stern, Henry L. Hill, Chicago, Ill., for petitioner.

Thomas D. Finney, Jr., and Lee M. Hydeman, Washington, D. C., for intervenors.

Alan R. Demby, C. A. B., Howard E. Shapiro, Dept. of Justice, R. Tenney Johnson, Philip A. Fleming, Washington, D. C., for respondent.

Before SPRECHER, TONE and BAUER, Circuit Judges.

SPRECHER, Circuit Judge.

The sole issue presented on this appeal is whether air carriers may file new and different tariffs while lawful tariffs duly established by the Civil Aeronautics Board remain in effect or whether under such circumstances the carriers only recourse is to seek to modify the Board-established tariffs.

On July 14, 1970, the Civil Aeronautics Board suspended tariffs proposing fare changes between the mainland and Hawaii filed by United...

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