DELTA AIR LINES, INC. v. C. A. B.

Nos. 74-1984, 75-1267 to 75-1269.

543 F.2d 247 (1976)

DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Air Line Pilots Association and COSTHA, Council for Safe Transportation of Hazardous Articles, Intervenors (two cases). EASTERN AIR LINES, INC. and Frontier Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Air Line Pilots Association and COSTHA, Council for Safe Transportation of Hazardous Articles, Intervenors. ALLEGHENY AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Air Line Pilots Association and COSTHA, Council for Safe Transportation of Hazardous Articles, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1976.

As Amended August 19, 1976.

Rehearing Denied August 20, 1976.


Attorney(s) appearing for the Case

Robert Reed Gray, Washington, D. C., with whom John E. Gillick, Jr., Washington, D. C., James W. Callison, Frank F. Rox, Atlanta, Ga., Joseph F. Healy, Miami, Fla., David N. Brictson, Denver, Colo., and Edwin I. Colodny, Washington, D. C., were on the brief for petitioners.

Daniel M. Katz, Washington, D. C., with whom Gary Green, Washington, D. C., was on the brief for intervenor, Air Line Pilot Ass'n, Intern.

David E. Bass, Atty., C. A. B., Washington, D. C., with whom James C. Schultz, Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Litigation and Research, Robert L. Toomey, Atty., C. A. B., Carl D. Lawson and Samuel R. Simon, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondent. Thomas J. Heye, Gen. Counsel, C. A. B., Washington, D. C., at the time the record was filed, and O. D. Ozment, Deputy Gen. Counsel, C. A. B., Washington, D. C., also entered appearances for respondent.

Lawrence W. Bierlein, Washington, D. C., for intervenor COSTHA.

Before MacKINNON and WILKEY, Circuit Judges, and MERHIGE, United States District Judge for the Eastern District of Virginia.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This consolidated appeal challenges five orders of the Civil Aeronautics Board (CAB) relating to tariff revisions filed by four airline companies.1 These tariff revisions provided that the air lines would not transport various items designated as "dangerous articles" by the Federal Aviation Administration (FAA) and the Department of Transportation (DOT...

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