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CONTINENTAL AIRLINES, INC. v. U.S. DEPT. OF TRANSP.

No. 87-1497.

856 F.2d 209 (1988)

CONTINENTAL AIRLINES, INC., Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, United Air Lines, Inc., United Pilots Master Executive Council, American Airlines, Inc., Port of Seattle, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1988.

Attorney(s) appearing for the Case

Ronald A. Stern, with whom Thomas D. Goldberg, Andrew T. Karron, Washington, D.C. and Clark H. Onstad were on the brief, for petitioner.

Kenneth N. Weinstein, Deputy Asst. Gen. Counsel, Dept. of Transp., with whom B. Wayne Vance, Gen. Counsel, Dept. of Transp., John R. Bolton, Asst. Atty. Gen., James M. Spears, Acting Asst. Atty. Gen. at the time the initial brief was filed, and John F. Cordes, Jr., Atty., Dept. of Justice, Washington, D.C. were on the brief, for respondent.

J. William Doolittle, with whom Alfred V.J. Prather and Carl B. Nelson, Jr., Washington, D.C. (for American Airlines, Inc.), John W. Angus III, Washington, D.C. (for The Port of Seattle), Robert H. Nichols (for United Pilots Master Executive Council), William H. Allen and Charles A. Miller, Washington, D.C. (for United Airlines, Inc.) were on the joint briefs, for intervenors.

Before MIKVA and BUCKLEY, Circuit Judges, and GARTH, U.S. Senior Circuit Judge for the Third Circuit.

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Senior Circuit Judge GARTH.

BUCKLEY, Circuit Judge:

Continental Airlines petitions for review of a final order of the Department of Transportation dismissing Continental's application for route authority. In an earlier proceeding, the Department had approved United Airlines' acquisition of certain routes from Pan American World Airways. This approval was conditioned on...

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