PIONEER AIRWAYS, INC. v. CITY OF KEARNEY

Nos. 41076, 41173.

256 N.W.2d 324 (1977)

199 Neb. 12

Application of PIONEER AIRWAYS, INC., Denver, Colorado, for Authority to Operate as a Class "C" Air Carrier in Nebraska Intrastate Air Transportation, Pioneer Airways, Inc., a Nebraska Corporation, Appellee, v. The CITY OF KEARNEY, Nebraska, a Municipal Corporation, Appellant, impleaded with the City of Kearney, Nebraska, the City of McCook, Nebraska, the City of Sidney, Nebraska, the City of Hastings, Nebraska, Kearney Municipal Airport Corporation, Hastings Airport Authority, Southern Route Commission, Appellees, and Columbus Airport Authority, Nebraska Department of Aeronautics and Lincoln Airport Authority, Intervenor-Appellees. Application of STAR AVIATION CORP., Denver, Colorado, for Authority to operate as a Class "C" Air Carrier in Nebraska Interstate Commerce, Star Aviation Corp., Denver, Colorado, Appellee, v. The CITY OF KEARNEY, Nebraska, a Municipal Corporation, Appellant, Impleaded with Pioneer Airways, Inc., Appellee, Nebraska Department of Aeronautics.

Supreme Court of Nebraska.

July 13, 1977.


Attorney(s) appearing for the Case

Michael E. Kelley, City Atty., Kearney, H. Edward Kluver, Denver, Colo., for appellant in 41076.

A. J. Swanson of Peterson, Bowman, Coffman & Larsen, Lincoln, for appellee Pioneer Airways.

Noyes W. Rogers, Columbus, for intervenor-appellees.

Michael E. Kelly, City Atty., Kearney, for City of Kearney in 41173.

Robert W. Emch, Pres., A. J. Swanson, Lincoln, H. Edward Kluver, Denver, Colo., for appellee Star Aviation.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, J J.


C. THOMAS WHITE, Justice.

Pioneer Airways, Inc., and Star Aviation Corp. each filed applications seeking authority from the Nebraska Public Service Commission to operate an air carrier service between Denver, Colorado, and points in Nebraska. Pioneer sought to operate its service between Denver and Omaha with intermediate stops at Chadron, Alliance, Sidney, McCook, Kearney, Hastings, Columbus, and Lincoln. Star sought to operate its service between Denver and Columbus...

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