FRONTIER AIRLINES, INC. v. C. A. B.

Nos. 77-1437, 77-1534, 77-1625, 77-1644, 77-1710 and 77-1756.

602 F.2d 375 (1979)

FRONTIER AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Continental Air Lines, Inc., Western Air Lines, Inc., Intervenors. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Continental Air Lines, Inc., Western Air Lines, Inc., The City of Tulsa, et al., Delta Air Lines, Inc., Intervenors. EASTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Continental Air Lines, Inc., Delta Air Lines, Inc., City of Tulsa, the Tulsa Airport Authority and Metropolitan Tulsa Chamber of Commerce, (Tulsa Parties), Intervenors. WESTERN AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Continental Air Lines, Inc., Tulsa Parties, Delta Air Lines, Inc., Intervenors. UNITED AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Delta Air Lines, Inc., Continental Air Lines, Inc., Western Air Lines, Inc., Intervenors. The UTAH AGENCIES, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Braniff Airways, Inc., Continental Air Lines, Inc., Western Air Lines, Inc., Delta Air Lines, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1979.


Attorney(s) appearing for the Case

Allison Wade, Washington, D. C., with whom Robert N. Duggan and Paul T. Michael, Washington, D. C., were on the brief, for petitioner Eastern Air Lines, Inc. in No. 77-1625.

Emory N. Ellis, Jr., Washington, D. C., with whom Carolyn Cox, Washington, D. C., and Gerald P. O'Grady, Los Angeles, Cal., were on the brief, for petitioner Western Airlines, Inc. in No. 77-1644 and intervenor in Nos. 77-1437, 77-1534, 77-1710 and 77-1756.

Paul M. Tschirhart, Washington, D. C., with whom Alexander J. Moody, Jr. and J. Richard Street, Chicago, Ill., were on the brief, for petitioner United Air Lines, Inc. in No. 77-1710.

Joseph B. Goldman, Washington, D. C., with whom Charles S. Murphy, Washington, D. C., was on the brief, for petitioner Frontier Airlines, Inc. in No. 77-1437.

O. D. Ozment, Washington, D. C., with whom David L. Wilkinson, Salt Lake City, Utah, was on the brief, for petitioners The Utah Agencies in No. 77-1756.

Edmund E. Harvey, Washington, D. C., for petitioner Trans World Airlines, Inc. in No. 77-1534.

Alan R. Demby, Atty., C. A. B., Washington, D. C., with whom Gary J. Edles, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Robert L. Toomey, Atty., C. A. B., John J. Powers, III and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

Robert Reed Gray, Washington, D. C., with whom James W. Callison and Don M. Adams, Atlanta, Ga., were on the brief, for intervenor Delta Air Lines, Inc. in Nos. 77-1534, 77-1625, 77-1644, 77-1710 and 77-1756.

Thomas J. McGrew, Washington, D. C., with whom Cary M. Adams, Washington, D. C., was on the brief, for intervenor Braniff Airways, Inc. in Nos. 77-1437, 77-1534, 77-1625, 77-1644, 77-1710 and 77-1756. Also Arnold T. Aikens and Michael A. Katz, Washington, D. C., entered appearances for petitioners United Air Lines, Inc. in No. 77-1710.

James T. Lloyd, Washington, D. C., with whom Thomas D. Finney, Jr. and Lee M. Hydeman, Washington, D. C., were on the brief, for intervenor Continental Air Lines, Inc. in Nos. 77-1437, 77-1534, 77-1625, 77-1644, 77-1710 and 77-1756.

Also Jay L. Witkin, James C. Schultz, Jerome Nelson, Attys., C. A. B., Robert B. Nicholson and William D. Coston, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondents.

Also B. Howell Hill, Washington, D. C., entered an appearance for intervenor Braniff Airways, Inc.

Also John W. Simpson, Washington, D. C., entered an appearance for intervenor City of Tulsa, et al. in Nos. 77-1534, 77-1625 and 77-1644.

Before McGOWAN and ROBB, Circuit Judges, and JUNE GREEN, United States District Judge for the District of Columbia Circuit.


Opinion Per Curiam.

PER CURIAM:

These six petitions for review involve challenges respectively by five air carriers and certain regulatory agencies of the State of Utah to the route awards made by the Civil Aeronautics Board in a comparative hearing. CAB Orders 77-4-146 (April 28, 1977) and 77-7-40 (July 11, 1977). The routes in issue involve nonstop service between Denver, Oklahoma City, and Tulsa, on the one hand, and Atlanta, Tampa, and Miami on the other...

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