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PIEDMONT AVIATION, INC. v. C. A. B.

No. 74-2355.

528 F.2d 255 (1976)

PIEDMONT AVIATION, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1976.

Attorney(s) appearing for the Case

William C. Burt, Washington, D.C., for petitioner.

Peter R. Steenland, Jr., Atty., C.A.B. (Glen M. Bendixsen, Associate Gen. Counsel, Litigation and Research, Thomas E. Kauper, Asst. Atty. Gen., Laurence K. Gustafson, Carl D. Lawson, Attys., U.S. Dept. of Justice, Thomas J. Heye, Gen. Counsel, C.A.B. and Robert L. Toomey, Atty., C.A.B., on brief), for respondent.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

This case arises on the petition of Piedmont Aviation, Inc. (Piedmont) to review and set aside Civil Aeronautics Board Order No. 74-10-145, which directed Piedmont to refund $5,381,470 to the Civil Aeronautics Board (Board) under the "profit-sharing" provisions of the applicable class rate. Piedmont contends that the order overstates the proper amount of the refund by $428,342 because the Board, in computing the "tax savings" aspect of the refund for 1966...

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