DELTA AIR LINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Western Air Lines, Inc., Northwest Airlines, Inc., Pan American World Airways, Inc., Intervenors.
PAN AMERICAN WORLD AIRWAYS, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Western Air Lines, Inc., Northwest Airlines, Inc., Intervenors.
NATIONAL AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Western Air Lines, Inc., Pan American World Airways, Inc., Northwest Airlines, Inc., Intervenors.
AMERICAN AIRLINES, INC., Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent, Pan American World Airways, Inc., Western Air Lines, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 23, 1976.
Decided June 23, 1977.
As Amended August 2, 1977.
Attorney(s) appearing for the Case
Robert Reed Gray, Washington, D. C., with whom James W. Callison, Atlanta, Ga., and Louis Hayner Kurrelmeyer, Washington, D. C., were on the brief, for petitioner in No. 76-1241.
James F. Bell, Washington, D. C., with whom Richard D. Mathias and Joseph M. Oliver, Jr., Washington, D. C., were on the brief, for petitioner in No. 76-1309 also entered appearances for intervenor, Pan American World Airways, Inc.
Bert W. Rein, Washington, D. C., with whom Jon Paugh and Edwin O. Bailey, Assoc. Gen. Counsel, Washington, D. C., were on the brief for petitioner in No. 76-1429.
J. William Doolittle, Jr., Washington, D. C., for petitioner in No. 76-1602. Alfred V. J. Prather, Ky P. Ewing, Jr. and Carl B. Nelson, Jr., Washington, D. C., were on the brief for petitioner in No. 76-1602.
Alan R. Demby, 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, Robert L. Toomey, Thomas L. Ray, Attys., C. A. B., Carl D. Lawson and Lee I. Weintraub, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent. B. Barry Grossman, Edward E. Lawson, Attys., Dept. of Justice, and Michael Stempler, Atty., C. A. B., Washington, D. C., also entered appearances for respondent.
Emory N. Ellis, Jr., Washington, D. C., with whom Gerald P. O'Grady, Los Angeles, Cal., was on the brief, for intervenor, Western Air Lines, Inc.
Ronald D. Eastman, Washington, D. C., entered an appearance for intervenor, Northwest Airlines, Inc.
Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
McGOWAN, Circuit Judge:
These consolidated records present the first occasion for judicial review of a matter which has already occupied the attention of the Civil Aeronautics Board for nearly ten years — the award of competitive nonstop authority on the Miami-Los Angeles route. Of the various contentions pressed upon us by the several contending parties, only three warrant discussion in some detail:
1. The claim by Delta Air Lines, Inc., that it was...
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