UNITED AIR LINES, INC. v. CIVIL AERONAUTICS BD., ETC.

Nos. 75-2165, 75-2211, 76-1099, 76-1101 and 76-1118.

569 F.2d 640 (1977)

UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD [HOLDING COMPANY REORGANIZATIONS], Respondent. TIGER INTERNATIONAL, INC., a corporation, et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent (two cases). UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent. BRANIFF INTERNATIONAL CORPORATION, a corporation, et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 1977.

As Amended January 23, 1978.


Attorney(s) appearing for the Case

Robert L. Stern, Chicago, Ill., for petitioner in Nos. 75-2165 and 76-1101.

H. Templeton Brown, Henry L. Hill and Harold E. McKee, Jr., Chicago, Ill., were on the brief for petitioner in Nos. 75-2165 and 76-1101.

J. Stanley Stroud, Chicago, Ill., also entered an appearance for petitioner in Nos. 75-2165.

Charles N. Brower, Washington, D. C., with whom John Lewis and Alan L. Morrison, Washington, D. C., were on the brief, for petitioners in Nos. 75-2211 and 76-1099.

J. W. Rosenthal, Washington, D. C., entered an appearance for petitioners in No. 75-2211.

Alexander E. Bennett, Washington, D. C., with whom Thomas J. McGrew, Washington, D. C., was on the brief, for petitioners in No. 76-1118.

Thomas L. Ray, Atty., Civil Aeronautics Bd., Washington, D. C., with whom Jerome Nelson, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Robert L. Toomey, Atty., Civil Aeronautics Bd., and Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., were on the brief, for respondent. Barry Grossman and Lee I. Weintraub, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent in No. 75-2165.

Peter R. Steenland, Jr., Atty., Civil Aeronautics Bd., Washington, D. C., entered an appearance for respondent in Nos. 75-2165 and 75-2211.

Samuel R. Simon, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for respondent in No. 75-2211.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.


Opinion for the court filed by Circuit Judge MacKINNON.

Concurring opinion filed by Circuit Judge McGOWAN, in which Chief Judge BAZELON joins.

MacKINNON, Circuit Judge:

United Air Lines, Inc. (United), The Flying Tiger Line, Inc. (Tiger), and Braniff Airways, Inc. (Braniff), formed holding companies through corporate reorganizations, respectively: UAL, Inc.; Tiger International, Inc. (formerly Flying Tiger Corp.); and Braniff International Corporation...

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