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FRONTIER AIRLINES v. C. A. B.

No. 79-1917.

621 F.2d 369 (1980)

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

United States Court of Appeals, Tenth Circuit.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Charles S. Murphy of Baker & Hostetler, Washington, D. C. (Joseph B. Goldman of Baker & Hostetler, Washington, D. C. and James E. Hautzinger and William L. Hunnicutt of Dawson, Nagle, Sherman & Howard, Denver, Colo., with him on brief), for petitioner.

Mary McInnis Schuman, Gen. Counsel (Gary J. Edles, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, and Alan R. Demby, Atty., Civil Aeronautics Bd., Washington, D. C. and John R. Shenefield, Asst. Atty. Gen. and Barry Grossman and Peter L. De La Cruz, Attys., Dept. of Justice, Washington, D. C., with her on brief), for respondent.

Before McWILLIAMS, DOYLE and LOGAN, Circuit Judges.

McWILLIAMS, Circuit Judge.

Frontier Airlines, Inc. seeks review of certain orders of the Civil Aeronautics Board which required Frontier to provide so-called "back-up" service for Zia Airlines in connection with Zia's inauguration of service between Albuquerque, New Mexico and Alamogordo and Silver City, New Mexico. Frontier asserts that such orders are beyond the statutory authority of the Board. It is the Board's position that backup orders of the present type are...

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