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MARK AERO, INC. v. TRANS WORLD AIRLINES, INC.

Nos. 77-1760, 77-1761.

580 F.2d 288 (1978)

MARK AERO, INC., d/b/a Missouri Air Commuter Company, Appellee, v. TRANS WORLD AIRLINES, INC. and Frontier Airlines, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1978.

Rehearing Denied July 28, 1978.

Attorney(s) appearing for the Case

Kent E. Whittaker of Hillix, Brewer, Hoffhaus & Whittaker, Kansas City, Mo. (argued), Terrence Ahern and William D. Calkins, Kansas City, Mo.; and Wilbur L. Fugate of Morison, Murphy, Abrams & Haddock, Washington, D. C., on brief, for appellant Frontier Airlines, Inc.

Alvin D. Shapiro of Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, Mo. (argued), and Sheryl B. Etling, Kansas City, Mo., on brief, for appellant Trans World Airlines, Inc.

Richard D. Rhyne, Kansas City, Mo. (argued), Harold L. Fridkin and John R. Cleary, Kansas City, Mo., on brief, for appellee.

Before BRIGHT and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 28, 1978.

TALBOT SMITH, Senior District Judge.

This is a private civil antitrust action. The basic question presented is the use to be made of the old Kansas City Municipal Airport. The plaintiff, Mark Aero, Inc., is a chartered air taxi operator. It wants to reopen the old airport, now closed to commercial operations, to begin a new scheduled air passenger service between Kansas City and St. Louis, Missouri. The...

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