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NADER v. C. A. B.

No. 80-1673.

657 F.2d 453 (1981)

Ralph NADER and The Aviation Consumer Action Project, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Air Transport Association of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1981.

Attorney(s) appearing for the Case

Cornish F. Hitchcock, Washington, D. C., with whom John Cary Sims, Washington, D. C., was on the brief, for petitioners.

Alan R. Demby, Atty., C. A. B., Washington, D. C., with whom Michael Schopf, Deputy Gen. Counsel, and Glen M. Bendixsen, Associate Gen. Counsel, C. A. B., Washington, D. C., were on the brief, for respondent. J. Thomas Ezell, III, Atty., C. A. B., and Robert B. Nicholson and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., entered appearances for respondent.

William C. Burt, Washington, D. C., with whom David L. Vaughan, James E. Landry, and George S. Lapham, Jr., Washington, D. C., were on the brief, for intervenor.

Before BAZELON, Senior Circuit Judge, and WRIGHT and WALD, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

The petitioners, Ralph Nader and the Aviation Consumer Action Project (hereinafter collectively Nader), challenge certain guidelines promulgated by the Civil Aeronautics Board (CAB) governing the exercise of the Board's discretion to suspend newly filed airline fares pending investigation. Nader contends that the guidelines are violative of the Airline Deregulation...

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