The PEOPLE OF the STATE OF CALIFORNIA and the Public Utilities Commission of the State of California, Petitioners,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Western Airlines, Inc., Texas International Airlines, Inc., Ralph Nader and the Aviation Consumer Action Project, United Air Lines, Inc., Hughes Air Corporation, d/b/a Hughes Airwest, Intervenors.
NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Texas International Airlines, Inc., Western Airlines, Inc., Ralph Nader and the Aviation Consumer Action Project, United Air Lines, Inc., Trans World Airlines, Inc., Hughes Air Corporation, d/b/a Hughes Airwest, Intervenors.
TEXAS AERONAUTICS COMMISSION, Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Texas International Airlines, Inc., Western Airlines, Inc., Ralph Nader and the Aviation Consumer Action Project, Trans World Airlines, Inc., United Air Lines, Inc., Hughes Air Corporation, d/b/a Hughes Airwest, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 17, 1978.
Decided June 20, 1978.
As Amended July 6, 1978.
Attorney(s) appearing for the Case
Rufus G. Thayer, Jr., Tiburon, Cal., with whom J. Calvin Simpson, San Francisco, Cal., was on the brief, for petitioner in No. 76-2117. Also Richard D. Gravelle, San Francisco, Cal., entered an appearance for petitioner in No. 76-2117.
William R. Nusbaum, Washington, D. C., with whom Paul Rodgers, Washington, D. C., was on the brief, for petitioner in No. 76-2123.
John L. Hill, Atty. Gen. and John David Hughes, Asst. Atty. Gen., Austin, Tex., were on the brief, for petitioner in No. 76-2155.
Alan R. Demby, Atty., C. A. B., Washington, D. C., with whom James C. Schultz, Gen. Counsel and Jerome Nelson, Deputy Gen. Counsel, C. A. B., Glen M. Bendixsen, Associate Gen. Counsel and Robert L. Toomey, Atty., C. A. B., Washington, D. C., were on the brief for respondents.
Reuben B. Robertson, III, Washington, D. C., with whom Alan B. Morrison, Washington, D. C., was on the brief, for intervenor, Ralph Nader and the Aviation Consumer Action Project.
Michael A. Katz, Arnold T. Aikens and Peter D. Connally were on the brief, for intervenor United Air Lines.
Richard A. Fitzgerald, David L. Vaughan and John W. Simpson, Washington, D. C., were on the brief, for intervenor, Hughes Airwest.
Ralph B. Jordan and Dennis A. Barlow, Bakersfield, Cal., and Robert E. Moock, Visalia, Cal., were on the brief, for amicus curiae, City of Kern and City of Visalia.
Emory N. Ellis, Jr., Washington, D. C., entered an appearance for intervenors, Western Airlines and Texas International Airlines, Inc.
Edmund E. Harvey, Washington, D. C., entered an appearance for intervenor, Trans World Airlines, Inc., in No. 76-2123 only.
Robert B. Nicholson and James F. Ponsoldt, Atty., Dept. of Justice, Washington, D. C., entered appearances in Nos. 76-2123 and 76-2155.
Before WRIGHT, Chief Judge, and BAZELON and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by WILKEY, Circuit Judge.
WILKEY, Circuit Judge.
Presented for our review is an order of the Civil Aeronautics Board (Board) in which lawful fares were set for the transportation, by air carriers operating under Board certification, of interstate and intrastate passengers in the intra-California and intra-Texas markets. Dual economic regulation by federal and state agencies has produced a conflict. In a broader sense, our review...
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