MARKAIR, INC. v. C.A.B.

CA No. 83-7875.

744 F.2d 1383 (1984)

MARKAIR, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Transamerica Airlines, Inc., Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1984.


Attorney(s) appearing for the Case

James T. Lloyd, Hydeman, Mason, Burzio & Lloyd, Washington, D.C., for petitioner.

Barry Molar, C.A.B. Associate Gen. Counsel, Washington, D.C., for respondent.

Before CHAMBERS, FERGUSON and BEEZER, Circuit Judges.


BEEZER, Circuit Judge:

This is a petition for review of an order of the Civil Aeronautics Board that granted certificates of public convenience and necessity to five airlines, allowing them to provide charter service in Alaska. The CAB contends that its order was authorized under the Airline Deregulation Act of 1978, despite specific statutory language restricting the availability of such certificates for service in Alaska. We reverse.

I

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