JAPAN AIR LINES CO., LTD. v. DOLE

No. 84-1502.

801 F.2d 483 (1986)

JAPAN AIR LINES COMPANY, LTD., Lufthansa German Airlines, and Swissair, Swiss Air Transport Company, Ltd., Petitioners, v. Elizabeth Hanford DOLE, Secretary of Transportation, Respondent. Pan American World Airways, Inc., Trans World Airlines, Inc., Northwest Airlines, Inc., British Airways, Plc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 1986.


Attorney(s) appearing for the Case

Laurence A. Short, with whom David E. Short and Marc A. Bernstein, Washington, D.C., were on brief, for petitioners.

Barry L. Molar, Dept. of Transp., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Kenneth N. Weinstein, Deputy Asst. General Counsel for Litigation, Dept. of Transp., Catherine G. O'Sullivan and Margaret G. Halpern, Dept. of Justice, Washington, D.C., were on brief, for respondent.

Michael J. Roberts, entered an appearance for intervenor, Pan American World Airways, Inc.

William C. Clarke, and James D. Tussing, New York City, entered an appearance for intervenor, British Airways, Plc.

Edmund E. Harvey, Washington, D.C., entered an appearance for intervenor, Trans World Airlines, Inc.

Ronald D. Eastman and Barry S. Spector, Washington, D.C. entered appearances for intervenor, Northwest Airlines, Inc.

Before ROBINSON and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

Petitioners, several foreign air carriers, challenge a Civil Aeronautics Board ("CAB" or "Board") order1 governing certain fares and a particular rate implemented by competing carriers with the Board's approval. We cannot say that the Board has departed from its statutory mandate in this matter. We therefore affirm the Board's order.

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