BRANIFF AIRWAYS, INC. v. CIVIL AERONAUTICS BOARD

Nos. 76-2043, 76-2176, 77-1020, 77-1027 and 77-1166.

581 F.2d 846 (1978)

BRANIFF AIRWAYS, INC., a corporation, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Intervenor. CONTINENTAL AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., United States of America, Delta Air Lines, Inc., City of Kansas City, Missouri and Chamber of Commerce of Greater Kansas City, Intervenors. ALLEGHENY AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc. and Delta Air Lines, Inc., Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Delta Air Lines, Inc. and City of Kansas City, Missouri, et al., Intervenors. OZARK AIR LINES, INC., a corporation, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Delta Air Lines, Inc. and American Airlines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1978.


Attorney(s) appearing for the Case

Lee M. Hydeman, Washington, D.C., argued for the petitioners Braniff Airways, Inc., in case No. 76-2043, Continental Air Lines, Inc., in case No. 76-2176, Trans World Airlines, Inc., in case No. 77-1027, and Ozark Air Lines, Inc., in case No. 77-1166.

O. D. Ozment, Washington, D.C., argued for the petitioner Allegheny Airlines, Inc., in case No. 77-1020.

B. Howell Hill, Washington, D.C., was on the brief for petitioner Braniff Airways, Inc.

Thomas J. McGrew, Washington, D.C., also entered an appearance for petitioner Braniff Airways, Inc., in case No. 76-2043.

Thomas D. Finney, Jr., Washington, D.C., with whom Lee M. Hydeman and James T. Lloyd, Washington, D.C., were on the brief, for petitioner Continental Air Lines, Inc.

Edmund E. Harvey, Washington, D.C., and Henry J. Oechler, Jr., New York City, were on the brief for petitioner Trans World Airlines, Inc.

Paul L. Bradshaw, Springfield, Mo., also entered an appearance for petitioner Ozark Air Lines, Inc. in No. 77-1166.

Theodore I. Seamon, Washington, D.C., with whom O. D. Ozment, Washington, D.C., was on the brief, for petitioner Allegheny Airlines, Inc.

David B. Armstrong, Washington, D.C., also entered an appearance for petitioner Allegheny Airlines, Inc.

Jay L. Witkin, Washington, D.C., with whom James C. Schultz, Gen. Counsel, Jerome Nelson, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, and Robert L. Toomey, Atty., Washington, D.C., were on the brief, for respondent.

Robert B. Nicholson and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D.C., were on the brief for intervenor United States of America.

Daniel J. Conway, Barry Grossman, and Frederic Freilicher, Washington, D.C., also entered appearances for the Dept. of Justice.

Alfred V. J. Prather and Ky P. Ewing, Jr., Washington, D.C., were on the brief for intervenor American Airlines, Inc.

J. William Doolittle, Washington, D.C., argued the judiciary issues and entered an appearance for intervenor American Airlines, Inc.

James W. Callison, Atlanta, Ga., also entered an appearance for intervenor Delta Air Lines, Inc.

Nordahl E. Holte, Kansas City, Mo., also entered an appearance for intervenor City of Kansas City, Missouri, et al.

Before WRIGHT, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

Petitioners1 seek review, under 49 U.S.C. § 1486(a) (1970), of an order of the Civil Aeronautics Board (the Board) awarding intervenor American Airlines authority to operate between Chicago and Montreal. Because of the international nature of this route, the order was submitted to, and approved by, the President prior to its being served. Id. &...

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