AIR LINE PILOTS ASS'N v. DEPT. OF TRANSP.

Nos. 86-1555, 86-1510, 86-1519, 86-1520, 86-1564 and 86-1608.

838 F.2d 563 (1988)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, Texas Air Corporation, Intervenor. INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, NWA, Inc., Intervenor. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. U.S. DEPARTMENT OF TRANSPORTATION, Respondent, TWA Pilots' Master Executive Council, Association of Flight Attendants, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1988.


Attorney(s) appearing for the Case

Gary Green and Richard Ruda, with whom R. Russell Bailey, Joseph Guerrieri, Jr. and John Edmond, Washington, D.C., were on the joint brief, for petitioners, Air Line Pilots Ass'n, Intern. and Intern. Ass'n of Machinists and Aerospace Workers, in Nos. 86-1510, 86-1519, 86-1520, 86-1555, 86-1565 and 86-1564.

Stewart S. Manela, Washington, D.C., was on the joint brief, for petitioner, Independent Federation of Flight Attendants, in No. 86-1608.

Deborah Greenfield, Washington, D.C., was on the joint brief, for intervenor, Ass'n of Flight Attendants, in Nos. 86-1519 and 86-1520.

James A. McCall, Washington, D.C., was on the joint brief, for intervenor, Intern. Broth. of Teamsters, Airline Div., in No. 86-1519.

Thomas L. Ray, Sr. Trial Atty., Dept. of Transp., with whom B. Wayne Vance, Gen. Counsel, Kenneth N. Weinstein, Deputy Asst. Gen. Counsel, and Miguel R. Rovira, Atty., Dept. of Transp., and Robert J. Wiggers, Robert B. Nicholson and Catherine G. O'Sullivan, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondent in Nos. 86-1555, 86-1565, 86-1510, 86-1519, 86-1520, 86-1564 and 86-1608. John J. Powers III and Donald S. Clark, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent, U.S. Dept. of Transp.

Ronald A. Stern, Thomas D. Goldberg, Washington, D.C. and Clark H. Onstad, were on the brief, for intervenor, Texas Air Corp., in Nos. 86-1555 and 86-1565.

Ronald D. Eastman and David F. Williams, Washington, D.C., entered appearances for intervenor, NWA, Inc., in Nos. 86-1510 and 86-1519.

Edmund E. Harvey, Washington, D.C., entered an appearance for intervenor, TWA, Inc., in Nos. 86-1520, 86-1564 and 86-1608.

Before ROBINSON and EDWARDS, Circuit Judges, and PARKER, Senior District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

These cases arise out of three airline acquisitions approved by the Department of Transportation ("DOT") in 1986: the acquisition of Eastern Air Lines, Inc. ("Eastern") by Texas Air Corp. ("TAC"), the parent company of Continental Air Lines; Republic Airlines, Inc. ("Republic") by NWA, Inc., the parent company of Northwest Airlines, Inc. ("Northwest"); and Ozark Airlines...

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