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HUGHES AIR CORPORATION v. C.A.B.

Nos. 72-1853, 72-1965, 72-1863.

492 F.2d 567 (1973)

HUGHES AIR CORPORATION and North Central Airlines, Inc., Petitioners, v. CIVIL AERONAUTICS BOARD, Respondent. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 5, 1973.

As Amended December 27, 1973.

Attorney(s) appearing for the Case

Raymond J. Rasenberger, with whom James L. Devall, Washington, D.C., was on the brief, for petitioners in Nos. 72-1853 and 72-1965.

Gary Green, Washington, D.C., for petitioner in No. 72-1863.

O. D. Ozment, Deputy Gen. Counsel, Civ. Aeronautics Bd., with whom R. Tenny Johnson, Gen. Counsel, Warren L. Sharfman, Associate Gen. Counsel, Litigation and Research. Ivars V. Mellups, Atty., Civ. Aeronautics Bd., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondent. Robert L. Toomey, Atty., Civ. Aeronautics Bd., also entered an appearance for respondent.

Theodore I. Seamon, Washington, D. C., filed a brief on behalf of The National Air Transportation Conferences, Inc., as amicus curiae.

Before MILLER, Senior Circuit Judge, McGOWAN, Circuit Judge, and KAUFMAN, U.S. District Judge for the District of Maryland.

McGOWAN, Circuit Judge:

Petitioners Hughes Air Corporation (Air West) and North Central Airlines, Inc., and the Air Line Pilots Association, seek review of a Civil Aeronautics Board regulation exempting certain air taxi operations from many of the statutory requirements imposed on other carriers, including principally the requirement of certification.1 The regulation in question, which exempts...

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