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ADVANCED MICRO DEVICES v. C.A.B.

Nos. 83-1265, 83-1939.

742 F.2d 1520 (1984)

ADVANCED MICRO DEVICES, Data General Corporation, Electronic Memories & Magnetics Corporation, Hewlett-Packard Co., Intel Corporation, Mostek Corporation, National Semiconductor Corporation, RCA Corporation, Rockwell International and Signetics Corporation, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Flying Tiger Line, Inc., Intervenor. ADVANCED MICRO DEVICES, Data General Corporation, Electronic Memories & Magnetics Corporation, Hewlett-Packard Co., Intel Corporation, Mostek Corporation, National Semiconductor Corporation, RCA Corporation, Rockwell International and Signetics Corporation, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Flying Tiger Line, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 1984.

Attorney(s) appearing for the Case

John W. Simpson, Washington, D.C., for petitioners in Nos. 83-1265 and 83-1939.

Mark W. Frisbie, Atty., C.A.B., Washington, D.C., with whom Ivars V. Mellups, Acting Gen. Counsel, C.A.B., Robert B. Nicholson and Marion L. Jetton, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondent in Nos. 83-1265 and 83-1939. David Schaffer, Atty., C.A.B., Washington, D.C., also entered an appearance for respondent.

David R. Murchison, Washington, D.C., was on the brief for amicus curiae, Air Transport Association of America in No. 83-1265, urging affirmance.

Joel Stephen Burton, Washington, D.C., entered an appearance for intervenor, Flying Tiger Line, Inc. in No. 83-1265.

Alfred J. Eichenlaub, Washington, D.C., with whom Joel Stephen, Burton and Robert L. Deitz, Washington, D.C., were on the brief for intervenor, Flying Tiger Line, Inc. in No. 83-1939.

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

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

A group of manufacturers who regularly ship electronics products via air cargo ("Electronics Shippers") petition for review of two proceedings before the Civil Aeronautics Board ("CAB" or "Board"). Because the two proceedings are related, we have consolidated them for purposes of decision. In one, the Board issued policy regulations regarding the circumstances under...

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