UNITED STATES v. FRONTIER AIRLINES, INC.

No. 76-1524.

563 F.2d 1008 (1977)

UNITED STATES of America, and Daniel J. Peterson, Regional Counsel, Federal Aviation Administration, Rocky Mountain Region, Appellees, v. FRONTIER AIRLINES, INC., and A. L. Feldman, President, Frontier Airlines, Inc., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided October 14, 1977.


Attorney(s) appearing for the Case

Raymond J. Turner, Denver, Colo., of Dawson, Nagel, Sherman & Howard, Denver, Colo. (Barbara J. Kelley, Denver, Colo., with him on the brief), for appellants.

Barbara L. Herwig, Atty., Appellate Sec., Civ.Div., Dept. of Justice, Washington, D.C. (Rex E. Lee, Asst. Atty.Gen., Washington, D.C., James L. Treece, U.S. Atty., Denver, Colo., Ronald R. Glancz, Atty., Appellate Sec., Civ.Div., Dept. of Justice, John E. Marsh and Pery A. Kupietz, Attys., Federal Aviation Administration, Washington, D.C., with her on the brief), for appellees.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.


SETH, Circuit Judge.

This action began with an application by the Federal Aviation Agency to enforce a subpoena duces tecum. 49 U.S.C. §§ 1354 and 1484(c). The subpoena was directed to Frontier Airlines and its president. It sought to require the production of the tapes from a flight data recorder which was used on a Frontier plane on a specified flight. The tapes were sought in connection with an investigation...

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