GREAT LAKES AIRLINES, INC. v. C. A. B.

Nos. 15015, 15026, 15039, 15041, 15042.

294 F.2d 217 (1961)

GREAT LAKES AIRLINES, INC., et al., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent, Common Carrier Railroads, Intervenor, Trans World Airlines, Inc., Intervenor, United Air Lines, Inc., Intervenor. CENTRAL AIR TRANSPORT, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, United Air Lines, Inc., Intervenor, Trans World Airlines, Inc., Intervenor, The Atchison, Topeka and Santa Fe Railway Company, et al., Common Carrier Railroads, Intervenors. AIR TRANSPORT ASSOCIATES, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Trans World Airlines, Inc., Intervenor, The Atchison, Topeka and Santa Fe Railway Company, et al., Intervenors. CONTINENTAL CHARTERS, INC., Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Trans World Airlines, Inc., Intervenor, The Atchison, Topeka and Santa Fe Railway Company, et al., Intervenors. AIR CARGO EXPRESS, INC., a Corporation, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, Trans World Airlines, Inc., Intervenor, The Atchison, Topeka and Santa Fe Railway Company, et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided February 24, 1961.

Petition for Rehearing Denied March 21, 1961.


Attorney(s) appearing for the Case

Mr. Charles Older, Los Angeles, Cal., with whom Mr. Dayton M. Harrington, Washington, D. C., was on the brief for petitioners in No. 15015. Mr. Richard H. Keatinge, Los Angeles, Cal., also entered an appearance for petitioners in No. 15015.

Mr. Albert F. Beitel, Washington, D. C., for petitioner in No. 15026. Mr. David A. Fegan, Washington, D. C., was on the brief for petitioner in No. 15026.

Mr. Warren E. Miller, Washington, D. C., for petitioner in No. 15042.

Mr. O. D. Ozment, Associate General Counsel, Litigation and Research, Civil Aeronautics Board, with whom Mr. Franklin M. Stone, General Counsel, Civil Aeronautics Board, Mr. John H. Wanner, Deputy General Counsel, Civil Aeronautics Board, Messrs. Robert L. Toomey and James E. Nathanson, Attorneys, Civil Aeronautics Board, and Messrs. Robert A. Bicks and Richard A. Solomon, Attorneys, Department of Justice, were on the brief, for respondent.

Messrs. Howard C. Westwood, William H. Allen, Washington, D. C., Robert L. Stern, William M. Dickson, Chicago, Ill., and James K. Crimmins, New York City, were on the brief for intervenors. Mr. J. D. Feeney, Chicago, Ill., also entered an appearance for intervenor Common Carrier Railroads and intervenors The Atchison, Topeka and Santa Fe Railway Company, et al. Mr. James Francis Reilly, Washington, D. C., also entered an appearance for intervenor United Air Lines, Inc. Mr. James D. Simpson, New York City, also entered an appearance for intervenor Trans World Airlines, Inc.

Mr. David I. Shapiro, Washington, D. C., entered an appearance for petitioner in No. 15039.

Mr. Ben Ivan Melnicoff, Washington, D. C., entered an appearance for petitioner in No. 15041.

Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and FAHY, Circuit Judges.


Petition for Rehearing En Banc Denied March 21, 1961.

PRETTYMAN, Circuit Judge.

Petitioners in these cases are unsuccessful applicants for final authority to perform supplemental air service. Their applications were denied by the Civil Aeronautics Board in Order No. E-13436 on January 28, 1959.1 The Board found that during the period when these carriers were operating under interim exemptions they had violated provisions of the...

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