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AIRLINE PILOTS ASS'N, INTERN. v. DEPT. OF TRANSP.

No. 88-1593.

880 F.2d 491 (1989)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. DEPARTMENT OF TRANSPORTATION, Respondent, Arthur N. Rogers and Michael J. Baker, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1989.

As Amended August 24, 1989.

Attorney(s) appearing for the Case

Gary Green, with whom James W. Johnson was on the brief, for petitioner.

Clay Warner, Washington, D.C., also entered an appearance for petitioner.

Thomas L. Ray, Attorney, Dept. of Transp. with whom B. Wayne Vance, Diane E. Liff, Attys., Dept. of Transp., Washington, D.C., were on the brief, for respondent.

David M. Feldman, of the bar of Texas, Fifth Circuit, pro hac vice, by special leave of Court, with whom James R. Layton, Washington, D.C., was on the brief, for intervenors.

Before MIKVA, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.

SILBERMAN, Circuit Judge:

In the summer of 1981, the now-defunct Civil Aeronautics Board ("CAB") approved the merger of Texas International Airlines and Continental Air Lines. Pursuant to its authority to condition its approval upon "such terms and conditions as it shall find to be just and reasonable," 49 U.S.C. App...

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