WORLD AIRWAYS, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
City of Oakland, California Board of Port Commissioners et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 9, 1976.
Decided December 8, 1976.
Attorney(s) appearing for the Case
Jerrold Scoutt, Jr., Washington, D. C., with whom Frank J. Costello, Washington, D. C., was on the brief, for petitioner.
Robert L. Toomey, Atty., Civ. Aeronautics Bd., Washington, D. C., with whom James C. Schultz, Gen. Counsel, Jerome Nelson, Deputy Gen. Counsel, and Glen M. Bendixsen, Associate Gen. Counsel, Civ. Aeronautics Bd., Washington, D. C., were on the brief, for respondent.
Ky P. Ewing, Jr., with whom Alfred V. J. Prather, Washington, D. C., was on the brief, for intervenors American Airlines, Inc., and Trans World Airlines, Inc.
J. Kerwin Rooney, Oakland, Cal., Cecil A. Beasley, Jr., and John C. Smuck, Washington, D. C., were on the brief, for intervenors City of Oakland, California, Board of Port Commissioners and The Oakland Chamber of Commerce.
James M. Verner and Ronald B. Natalie, Washington, D. C., , were on the brief, for intervenor Northwest Airlines, Inc.
Arnold T. Aikens and Michael A. Katz, Washington, D. C., were on the brief for intervenor, United Air Lines, Inc.
Jerry W. Ryan and Susan A. Elliott, New York City, were on the brief for intervenors Eastern Air Lines, Inc., National Airlines, Inc., Pan American World Airways, Inc., and Western Air Lines, Inc.
Before McGOWAN, ROBINSON, and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge McGOWAN.
McGOWAN, Circuit Judge:
The sole issue in this case is whether the 1962 amendments to the Federal Aviation Act of 1958, Pub.L. No. 87-528, 76 Stat. 143, should be construed to bar the Civil Aeronautics Board from issuing a certificate for scheduled route authority to an air carrier holding a certificate for supplemental air transportation. The Board has so read the statute. We find such a reading unwarranted...
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