HUGHES AIR CORP. v. PUBLIC UTILITIES COM'N

Nos. 79-4272, 79-4510 and 79-4751.

644 F.2d 1334 (1981)

HUGHES AIR CORP., dba Hughes Airwest, the Flying Tiger Line, Inc., Delta Air Lines, Inc., American Airlines, Inc., Air California, Western Air Lines, Inc., United Airlines, Inc., Trans World Airlines, Inc., Continental Air Lines, Inc., Pacific Southwest Airlines, and Pan American World Airways, Plaintiffs-Appellees, and United States of America and Civil Aeronautics Board, Intervenors-Appellees, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Robert Batinovich, Vernon L. Sturgeon, William Symons, Jr., Richard D. Gravelle, and Claire T. Dedrick, the members of and constituting said Public Utilities Commission, Defendants-Appellants. SIERRA FLITE SERVICE, INC., Plaintiff-Appellee, and United States of America and Civil Aeronautics Board, Intervenors-Appellees, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA et al., Defendants-Appellants, Oregon Public Utility Commission, Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.


Attorney(s) appearing for the Case

Randolph W. Deutsch, San Francisco, Cal., Mark H. Gallant, Washington, D. C., for Public Utilities Comm.; Janice E. Kerr, San Francisco, Cal., on brief.

Gordon E. Davis, Brobeck, Pheleger & Harrison, San Francisco, Cal., Joseph B. Scott, Washington, D. C., for Hughes Air Corp.

Before SKOPIL and BOOCHEVER, Circuit Judges, and TAYLOR, District Judge.


SKOPIL, Circuit Judge:

These cases arise under the Airline Deregulation Act of 1978, 49 U.S.C. §§ 1371-76, which preempts states from regulating certain interstate air carriers. The issues on appeal concern the applicability and constitutionality of the preemption provision. We must decide: (1) whether a carrier exempted from certification is within the scope of the preemption clause (Sierra Flite only), and (2) whether such federal preemption of...

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