John E. MOSS et al., Petitioners,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Northwest Airlines, Inc., American Airlines, Inc., Trans World Airlines, Inc., Continental Air Lines, Inc., Eastern Air Lines, Inc., Delta Air Lines, Inc., Keith Roberts, Allegheny Airlines, Inc., and North Central Airlines, Inc., United Air Lines, Inc., Western Air Lines, Inc., Hughes Airwest et al., Braniff Airways, Inc., and National Airlines, Inc., Intervenors.
Keith ROBERTS, Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
American Airlines, Inc., Northwest Airlines, Inc., Continental Air Lines, Inc., Eastern Air Lines, Inc., Delta Air Lines, Inc., Allegheny Airlines, Inc., and North Central Airlines, Inc., United Air Lines, Inc., Hughes Airwest, Frontier, et al., Trans World Airlines, Inc., National Airlines, Inc., and Braniff Airways, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
October 16, 1975.
Rehearing and Hearing Denied November 20, 1975.
Attorney(s) appearing for the Case
H. David Rosenbloom, Washington, D. C., with whom Stanford G. Ross and Ronald B. Lewis, Washington, D. C., were on the brief, for petitioners in No. 73-1772.
William M. Brinton, San Francisco, Cal., for petitioners in No. 73-1790 and intervenor Keith Roberts in No. 73-1772.
Alan R. Demby, Atty., Civil Aeronautics Board, with whom Thomas J. Heye, Gen. Counsel, O. D. Ozment, Deputy Gen. Counsel and Glen M. Bendixsen, Associate Gen. Counsel, Civil Aeronautics Board, were on the brief, for respondent. Howard E. Shapiro, Atty., Dept. of Justice, also entered an appearance for respondent. Richard Littell, Gen. Counsel, Civil Aeronautics Board at the time the record was filed and Howard E. Shapiro, Atty., Dept. of Justice, Robert L. Toomey, Atty., Civil Aeronautics Board entered appearances for respondent.
J. William Doolittle, Washington, D. C., with whom Alfred V. J. Prather, Washington, D. C., was on the brief, for intervenors American Airlines, Inc., Eastern Air Lines, Inc., Trans World Airlines, Inc., and United Air Lines, Inc.
Ronald D. Eastman, Washington, D. C., with whom Harold E. Mesirow, Washington, D. C., was on the brief for intervenors Braniff Airways, Inc., Continental Air Lines, Inc., Delta Air Lines, Inc., National Airlines, Inc., Northwest Airlines, Inc., and Western Air Lines, Inc., James W. Callison, Atlanta, Ga., and Robert Reed Gray, Washington, D. C., also entered appearances for intervenor Delta Air Lines, Inc. Gerald P. O'Grady and Ernest T. Kaufmann, Los Angeles, Cal., also entered appearances for Western Air Lines, Inc.
William C. Burt, Washington, D. C., was on the brief for intervenors Allegheny Airlines, Frontier Airlines, Hughes Airwest, North Central Airlines, Ozark Air Lines, Piedmont Aviation, Southern Airways and Texas International Airlines. James L. Devall, Washington, D. C., entered an appearance for intervenor Allegheny Airlines, Inc. and North Central Airlines, Inc. John W. Simpson, Washington, D. C., entered an appearance for intervenors Hughes Airwest, et al.
Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and McGOWAN and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Hearing En Banc Denied November 20, 1975.
McGOWAN, Circuit Judge:
This case comes in the aftermath of Moss v. CAB, 139 U.S.App.D.C. 150, 430 F.2d 891 (1970), which invalidated certain airline passenger fares made effective by the Civil Aeronautics Board in violation of Section 1002 of the Federal Aviation Act. 49 U.S.C. § 1482 (1970). The question now is whether there is to be a recovery of any part...
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