AIR NEW ZEALAND LTD. v. C.A.B.

No. 82-2165.

726 F.2d 832 (1984)

AIR NEW ZEALAND LIMITED, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Pan American World Airways, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1984.


Attorney(s) appearing for the Case

William C. Clarke, New York City, with whom James D. Tussing, New York City, was on the brief, for petitioner.

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

Jerry W. Ryan, Washington, D.C., was on brief, for intervenor.

Before WRIGHT and SCALIA, Circuit Judges, and WEIGEL, Senior District Judge for the United States District Court for the Northern District of California.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Air New Zealand, Limited ("ANZ") petitions under 49 U.S.C. § 1486 (1976) for review of an order of the Civil Aeronautics Board granting it exemption authority to carry persons, property, and mail between Los Angeles and London on flights originating or terminating in New Zealand. The object of its challenge is a condition in the order which recites that the exemption authority...

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