DELTA AIR LINES, INC. v. CIVIL AERONAUTICS BD.

No. 80-2339.

674 F.2d 1 (1982)

DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 1982.


Attorney(s) appearing for the Case

Robert Reed Gray, Washington, D. C., with whom Louis H. Kurrelmeyer, Benjamin A. Achenbach, Jr., Washington, D. C., James W. Callison and Don M. Adams, Atlanta, Ga., were on the brief, for petitioner.

Thomas L. Ray, Atty., Civil Aeronautics Board, Washington, D. C., with whom Michael Schopf, Deputy Gen. Counsel, Glen M. Bendixsen, Associate Gen. Counsel, Civil Aeronautics Board, Robert B. Nicholson and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

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


Opinion for the Court filed by Senior Circuit Judge BAZELON.

BAZELON, Senior Circuit Judge:

To implement the "Small Community Air Service" provisions of the Airline Deregulation Act of 1978 (hereinafter referred to as the Deregulation Act),1 the Civil Aeronautics Board (CAB) instituted the Essential Air Service Program. The Program was designed to implement those provisions of the Act that ensured "essential air transportation...

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