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

No. 79-1552.

629 F.2d 643 (1980)

FRONTIER AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided July 28, 1980.

Rehearing Denied October 8, 1980.

Attorney(s) appearing for the Case

Charles S. Murphy, Washington, D. C. (Joseph B. Goldman, Lee H. Simowitz, Baker & Hostetler, Washington, D. C., and James E. Hautzinger, Dawson, Nagel, Sherman & Howard, Denver, Colo., with him on the briefs), Washington, D. C., for petitioner.

Thomas L. Ray, Washington, D. C. (Mary M. Schuman, Gen. Counsel, Gary J. Edles, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Civil Aeronautics Board, Washington, D. C., and John R. Shenefield, Asst. Atty. Gen., Benjamin B. Grossman, Bruce E. Fein, Attys., Dept. of Justice, Washington, D. C., with him on the brief), for respondent.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MARKEY, Judge.

MARKEY, Chief Judge.

Frontier Airlines, Inc. (Frontier) seeks review of a final order of the Civil Aeronautics Board (Board)1 refusing to establish an individual subsidy mail rate for Frontier and fixing final subsidy class rates for the period December 2, 1969 — June 30, 1971. We set aside the Board's order and remand the proceeding.

Background

Frontier is one of a class of local service airlines receiving...

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