PAN AMERICAN WORLD AIRWAYS, INC. v. C. A. B.

Nos. 82-1547, 82-1548 and 82-1552.

684 F.2d 31 (1982)

PAN AMERICAN WORLD AIRWAYS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, City of New Orleans et al., American Airlines, Inc., and Continental Air Lines, Inc., Intervenors. DELTA AIR LINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Intervenor. TRANS WORLD AIRLINES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1982.

As Amended July 23 and October 5, 1982.


Attorney(s) appearing for the Case

Michael J. Roberts, with whom James M. Verner and Russell E. Pommer, Washington, D. C., were on the brief, for petitioner Pan American World Airways, Inc. Richard L. Cys, Washington, D. C., entered an appearance for petitioner Pan American World Airways, Inc.

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

Edmund E. Harvey, Washington, D. C., was on the brief for petitioner Trans World Airlines, Inc.

Thomas L. Ray, Acting Associate Gen. Counsel, C. A. B., Washington, D.C., with whom Ivars V. Mellups, Acting Gen. Counsel, and David Schaffer, Atty., C. A. B., Washington, D. C., and John J. Powers, III, and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondent.

J. William Doolittle, Washington, D. C., with whom Alfred V. J. Prather and Carl B. Nelson, Jr., Washington, D. C., were on the brief, for intervenor American Airlines, Inc.

Emory N. Ellis, Washington, D. C., with whom Patrick J. Keeley, Washington, D. C., was on the brief, for intervenor Continental Air Lines, Inc.

Before WRIGHT, TAMM and WILKEY, Circuit Judges.


Opinion for the court per curiam.

Dissenting opinion filed by Circuit Judge WILKEY.

PER CURIAM:

These three consolidated cases arise from the award by the Civil Aeronautics Board (CAB or Board), in an extremely short timeframe, of interim authority to operate international routes abandoned by Braniff1 when it sought reorganization in bankruptcy on May 13, 1982. Petitioners...

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