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AIR LINE PILOTS ASS'N, INTERN. v. CIVIL AERON. BOARD

Nos. 798, 818, Dockets 80-4252, 80-4262.

643 F.2d 935 (1981)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, and New York Air Lines, Inc., Intervenors.

United States Court of Appeals, Second Circuit.

Decided March 9, 1981.

Attorney(s) appearing for the Case

Gary Green, Washington, D. C. (James W. Tello, James Johnson, Washington, D. C., of counsel), for petitioner.

John O'B. Clarke, Jr., Washington, D. C. (Highsaw & Mahoney, P. C., Washington, D. C., of counsel), for petitioner Intern. Ass'n of Machinists and Aerospace Workers.

Michael Schopf, Deputy Gen. Counsel, Washington, D. C. (Mary McInnis, Gen. Counsel, Glen M. Bendixsen, Asso. Gen. Counsel, J. Thomas Ezell, Mark Frisbie, Attys., CAB, Washington, D. C., Sanford Litvack, Asst. Atty. Gen., Robert R. Nicholson, Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., of counsel), for respondent.

Gerry Levenberg, Washington, D. C. (Van Ness, Feldman & Sutcliffe, Peter D. Dickson, Washington, D. C., of counsel), for intervenor New York Airlines, Inc.

Roland P. Wilder, Jr., Washington, D. C. (Robert M. Baptiste, David J. Gzesh, Washington, D. C., of counsel), for intervenor Intern. Broth. of Teamsters.

Before MOORE, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

New York Air Lines, Inc. (NYA) is a newly formed air carrier and subsidiary of Texas Air Corp. (TAC) which also controls Texas International Airlines, Inc. (TXI), an established and certificated air carrier which operates predominantly in the southeast. On September 8, 1980, NYA, TXI and TAC applied to the Civil Aeronautics Board for a certificate of public convenience and necessity for NYA to conduct new passenger-carrying air service between...

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