ALASKA AIRLINES, INC. v. C. A. B.

Nos. 75-1670, 75-1674.

545 F.2d 194 (1976)

ALASKA AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Wien Air Alaska, Inc., Alaska Airlines Master Executive Council, Intervenor. BP ALASKA, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Wien Air Alaska, Inc., Alaska Airlines Master Executive Council, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1976.


Attorney(s) appearing for the Case

Marshall S. Sinick, Washington, D.C., with whom Benjamin P. Lamberton and Fisher & Gelband, Washington, D.C., were on the brief, for petitioner Alaska Airlines, Inc.

Quinn O'Connell, Washington, D.C., with whom Connole & O'Connell, Ernest C. Baynard, III, and Thomas M. Ryan, Washington, D.C., and Glen E. Taylor, Dallas, Tex., of counsel, were on the brief, for petitioner BP Alaska, Inc.

Thomas L. Ray, Atty. for C.A.B., Washington, D.C., with whom James S. Schultz, Gen. Counsel, Jerome Nelson, Deputy Gen. Counsel, Robert L. Toomey, Atty., C.A.B., Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Samuel R. Simon, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Theodore L. Seamon, Washington, D.C., with whom Lawrence D. Wasko, Seamon & Wasko, and Howard G. Feldman, O'Connor & Hannan, Washington, D.C., of counsel, were on the brief, for intervenor Wien Air Alaska, Inc.

Burwell, Hansen & Manley, Washington, D.C., were on the brief, for intervenor Alaska Airlines Master Executive Council.

Before ROBINSON and WILKEY, Circuit Judges, and JAMESON, Senior District Judge.


Opinion for the court filed by District Judge JAMESON.

JAMESON, District Judge.

This is an appeal by Alaska Air Lines, Inc. (ASA), and British Petroleum Alaska Inc. (BP)1 from Orders 75-6-93 and 75-8-153 adopted by the Civil Aeronautics Board (CAB) in Docket 27617 on June 19, 1975, and August 29, 1975, respectively. The orders precluded ASA from operating regular and frequent intra-Alaska charters from Anchorage/Fairbanks to the...

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