TRANS-PACIFIC AIRLINES v. HAWAIIAN AIRLINES

No. 11865.

174 F.2d 63 (1949)

TRANS-PACIFIC AIRLINES, Limited, v. HAWAIIAN AIRLINES, LIMITED.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 4, 1949.


Attorney(s) appearing for the Case

Sai Chow Doo, of Honolulu, T. H., Frederick L. Hewitt, of San Francisco, Cal., and Coates Lear, of Washington, D. C. (Blair & Blair, of Washington, D. C., and Fong, Miko & Choy, of Honolulu, T. H., of counsel), for appellant.

J. Garner Anthony and William F. Quinn, both of Honolulu, T. H. (Robertson, Castle & Anthony, of Honolulu, T. H., of counsel), for appellee.

Edward Dumbauld and William D. McFarlane, Sp. Assts. to the Atty. Gen., Emory T. Nunneley, Jr., Gen. Counsel, Civil Aeronautics Board, of Washington, D. C., Herbert A. Bergson, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and John H. Wanner, Asst. Gen. Counsel, Oliver Carter, Acting Chief Enforcement & Litigation Section, Robert Burstein and Gilbert E. Andrews, Attys., Civil Aeronautics Board, all of Washington, D. C., for Civil Aeronautics Board as amicus curiae.

Before MATHEWS and ORR, Circuit Judges, and FEE, District Judge.


JAMES ALGER FEE, District Judge.

Hawaiian Airlines, Limited, appellee, brought action in the district court against Trans-Pacific Airlines, Limited, to enjoin it from operating as a scheduled air carrier engaged in air transportation in violation of Section 401 of the Civil Aeronautics Act of 1938, as amended, 49 U.S. C.A. § 481. An order to show cause was issued and Trans-Pacific appeared and objected that the court had no power to proceed, since primary jurisdiction...

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