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TRANS WORLD AIRLINES, INC. v. C. A. B.

No. 592, Docket 75-4169.

545 F.2d 771 (1976)

TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 6, 1976.

Attorney(s) appearing for the Case

Harold L. Warner, Jr., New York City (Carl S. Rowe, Henry J. Oechler, Jr., and Chadbourne, Parke, Whiteside & Wolff, New York City, on the brief), for petitioner TWA.

Alan R. Demby, Atty., CAB, Washington, D.C. (Thomas E. Kauper, Asst. Atty. Gen., B. Barry Grossman and Catherine O'Sullivan, Attys., Dept. of Justice, Washington, D.C., Jerome Nelson, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Litigation, CAB, Washington, D.C., on the brief), for respondent CAB.

Robert M. Lichtman, Washington, D.C. (Robert E. Nagle, and Lichtman, Abeles, Anker & Nagle, P. C., Washington, D.C., on the brief), for intervenors National Air Carrier Association, Inc., Capitol International Airways, Inc., Overseas National Airways, Inc., Saturn Airways, Inc., Trans International Airlines, Inc. and World Airways, Inc.

Richard P. Taylor, F. Joseph Nealon, and Steptoe & Johnson, Washington, D.C., filed a brief for intervenor Evergreen International Airlines, Inc.

Michael A. Katz and J. E. Murdock, III, Chicago, Ill., filed a brief for United Air Lines, Inc., amicus curiae.

Before LUMBARD, OAKES and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this petition to review a rule of the Civil Aeronautics Board (CAB), the central question is whether the air transportation services authorized by the new rule constitute bona fide "charter trips" within the meaning of Section 101(36) of the Federal Aviation Act, 49 U.S.C. § 1301(36) (Supp. IV, 1974) (the Act). We hold that they are charter trips within the meaning of the Act. We deny the petition to review.

I.

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