BRITISH CALEDONIAN AIRWAYS, LIMITED, Petitioner,
v.
CIVIL AERONAUTICS BOARD, Respondent,
Ford Employees Recreation Association, World Airways, Inc., Show of the Month Club International and Maritz Travel Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 26, 1977.
Decided June 15, 1978.
As Amended June 23, July 19, and October 30, 1978.
Attorney(s) appearing for the Case
Leonard N. Bebchick, Washington, D. C., with whom Allen L. Lear, Washington, D. C., was on the brief for petitioner and intervenor World Airways, Inc. Jerrold Scoutt, Jr., Washington, D. C., also entered an appearance for intervenor, World Airways, Inc.
David E. Bass, Atty., Kansas City, Mo., C. A. B. with whom James C. Schultz, Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, C. A. B., and Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondent.
Robert M. Hausman, Washington, D. C., for intervenor, Maritz Travel Co.
Herbert A. Rosenthal, Washington, D. C., entered an appearance for intervenors Ford Emp. Recreation Ass'n and Maritz Travel Co.
Fred M. Geldon, Washington, D. C., entered an appearance for intervenor SMCI.
Before Mr. Justice CLARK, of the Supreme Court of the United States, and MacKINNON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge MacKINNON.
MacKINNON, Circuit Judge:
Petitioner here challenges a declaratory order of the Civil Aeronautics Board (the Board) issued under the authority of 5 U.S.C. § 554(e) (1976) to terminate a controversy and remove uncertainty.1 The order in question is attacked on both procedural and substantive grounds. Although no argument is made that the order was not issued pursuant to...
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