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DHL CORP. v. C. A. B.

Nos. 79-7416, 80-7133 and 80-7200.

659 F.2d 941 (1981)

DHL CORPORATION, Petitioner, Gelco Courier Services, Inc., Petitioner-Intervenor, v. CIVIL AERONAUTICS BOARD, Respondent, Pan American World Airways, Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1981.

Attorney(s) appearing for the Case

James I. Campbell, Jr., Cook, Purcell, Hansen & Henderson, Washington, D. C., for DHL Corp.

Ralph L. Kissick, Washington, D. C., argued for Gelco Courier Services; Zuckert, Scoutt & Rosenberger, Washington, D. C., on brief.

John L. Richardson, Washington, D. C., argued for Pan American World Airways; Robert S. Venning, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., Verner, Liipfert, Bernhard & McPherson, Washington, D. C., on brief.

Thomas L. Ray, Washington, D. C., argued for the CAB; Mary McInnis, Sanford M. Litvack, Asst. Atty. Gen., Washington, D. C., on brief.

Before POOLE and BOOCHEVER, Circuit Judges and GILLIAM, District Judge.

BOOCHEVER, Circuit Judge:

After Pan American World Airways (Pan Am) and British Airways filed tariffs with the Civil Aeronautics Board (CAB) providing for a higher tariff rate for courier baggage, two courier companies (essentially freight forwarders or resellers of baggage space whose employees accompany bulk commercial documents shipped as air passenger baggage) filed complaints against the proposed tariffs. They alleged...

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