FRONTIER AIRLINES v. C.A.B.

No. 83-2163.

764 F.2d 735 (1985)

FRONTIER AIRLINES, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

June 7, 1985.


Attorney(s) appearing for the Case

Joseph B. Goldman, Baker & Hostetler, Washington, D.C. (Lee H. Simowitz, Baker & Hostetler, Washington, D.C., James E. Hautzinger, Sherman & Howard, Denver, Colo., and David N. Brictson, Vice President-General Counsel, Frontier Airlines, Inc., Denver, Colo., with him on briefs), for petitioner.

Thomas L. Ray, Acting Associate Gen. Counsel, C.A.B., Washington, D.C. (J. Stephen Britt, Gen. Counsel, C.A.B., Washington, D.C., J. Paul McGrath, Asst. Atty. Gen., Barry B. Grossman and George Edelstein, U.S. Dept. of Justice, Washington, D.C., with him on brief), for respondent.

Before BARRETT and McWILLIAMS, Circuit Judges, and KERR, District Judge.


BARRETT, Circuit Judge.

Frontier Airlines, Inc. (Frontier), petitions this Court pursuant to the Administrative Procedure Act, 5 U.S.C. § 701, et seq., for review of two orders1 of the Civil Aeronautics Board (the "Board") that seek recapture of tax allowances paid by the Board to Frontier in 1979 and 1980. We have jurisdiction to review these orders under 49 U.S.C. § 1486. We...

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