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

No. 76-1095.

564 F.2d 592 (1977)

DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Eastern Air Lines, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1977.

Attorney(s) appearing for the Case

Don M. Adams, Atlanta, Ga., with whom James W. Callison, Atlanta, Ga., Robert Reed Gray, Benjamin R. Achenbach, Jr. and John E. Gillick, Jr., Washington, D. C., were on the brief, for petitioner.

Barbara Thorson, Atty., C. A. B., Washington, D. C., with whom James C. Schultz, Gen. Counsel, Jerome Nelson, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, C. A. B., Barry Grossman and Lee I. Weintraub, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Allison Wade, Washington, D. C., with whom Robert N. Duggan, Washington, D. C., was on the brief, for intervenor. Paul Thomas Michael, Alexandria, Va., also entered an appearance for intervenor.

Before TAMM and MacKINNON, Circuit Judges, and OLIVER GASCH, U. S. District Judge for the District of Columbia.

Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Delta Air Lines, Inc. (Delta) seeks review of a Civil Aeronautics Board (Board) decision wherein the Board, having determined that the public convenience and necessity required the authorization of nonstop air service between Fort Myers, Florida, and Atlanta, Georgia, awarded Eastern Air Lines, Inc. (Eastern) the new route. The Board found that of the six applicants for the route Eastern...

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