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COUNTY OF KERN v. C. A. B.

Nos. 79-7308, 80-7099.

671 F.2d 1223 (1980)

COUNTY OF KERN and the City of Bakersfield, Petitioners, v. CIVIL AERONAUTICS BOARD and United Airlines, Inc., Respondents, The State of California, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submitted June 2, 1980.

Decided December 8, 1980.

As Amended on Denial of Rehearing and Rehearing May 13, 1981.

Attorney(s) appearing for the Case

Ralph B. Jordan, County Counsel, Bakersfield, Cal., Sarah E. Perry, Washington, D.C., for Bakersfield.

Frank J. Costello, Washington, D.C., for City of Kern.

Glen M. Bendixsen, Washington, D.C., argued, for CAB; John J. Powers, III, Washington, D.C., on brief.

Hans U. Stucki, Chicago, Ill., for United Airlines.

Mark F. Mispagel, Sacramento, Cal., for State of California.

Before MERRILL and FARRIS, Circuit Judges, and BONSAL, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 13, 1981.

FARRIS, Circuit Judge:

Kern County and the City of Bakersfield, California, petition for review of two orders of the Civil Aeronautics Board fixing the essential level of air transportation for Bakersfield and allowing United Airlines to terminate its service to Bakersfield. See 49 U.S.C. § 1486 (1976). The State of California has intervened...

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