PEOPLE OF STATE OF CAL. v. C. A. B.

Nos. 75-2070, 75-2133.

567 F.2d 1 (1977)

The PEOPLE OF the STATE OF CALIFORNIA and the Public Utilities Commission of the State of California, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Air Nevada et al., Intervenors. NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Air Nevada et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1977.

Certiorari Denied October 3, 1977.


Attorney(s) appearing for the Case

Andrew J. Skaff, Jr., San Francisco, Cal., with whom Richard D. Gravelle and J. Calvin Simpson, San Francisco, Cal., were on the brief, for petitioners in No. 75-2070.

Sumner J. Katz, Washington, D. C., with whom William Paul Rodgers, Jr., Washington, D.C., was on the brief for petitioners in No. 75-2133.

Alan R. Demby, Atty., C.A.B., Washington, D. C., with whom James C. Schultz, Gen. Counsel, Jerome Nelson, Deputy Gen. Counsel, and Glen P. Bendixsen, Associate Gen. Counsel, C.A.B., Washington, D. C., were on the brief, for respondent.

J. William Doolittle, Washington, D. C., for intervenor, Air California.

Cecil A. Beasley, Jr., and John C. Smuck, Washington, D. C., were on the brief, for intervenor Pacific Southwest Airlines. Richard D. Mathias, Washington, D. C., entered an appearance for intervenor Pacific Southwest Airlines.

Rex H. White, Jr., Asst. Atty. Gen., State of Tex., was on the brief for intervenor, Texas Aeronautics Commission. John David Hughes, Asst. Atty. Gen., State of Tex., Austin, Tex., entered an appearance for intervenor, Texas Aeronautics Commission.

Robert B. Nicholson and Edward E. Lawson, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent.

James L. Devall, Washington, D. C., entered an appearance for intervenor, Air Nevada.

Before ROBB and WILKEY, Circuit Judges, and GESELL, United States District Judge, United States District Court for the District of Columbia.


Opinion for the Court filed by District Judge GESELL.

Dissenting Opinion filed by Circuit Judge WILKEY.

GESELL, District Judge:

The State of California, its Public Utilities Commission, and the National Association of Regulatory Utility Commissioners petition here for review of Civil Aeronautics Board orders1 which granted two intrastate California airlines conditional exemption from regulation as interstate carriers. The...

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