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STATE OF S.D. v. C.A.B.

No. 83-2667.

740 F.2d 619 (1984)

STATE OF SOUTH DAKOTA and City of Pierre, South Dakota, Petitioners, v. CIVIL AERONAUTICS BOARD, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Leonard N. Bebchick, Leonard N. Bebchick, P.C., Robert M. Hausman, Hausman & Rosenthal, P.C., Washington, D.C., for petitioners; Thomas C. Walsh, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel.

Thomas G. Allison, Preston, Thorgrimson, Ellis & Holman, Seattle, Wash., John W. Angus, III, Preston, Thorgrimson, Ellis & Holman, Washington, D.C., for intervenor.

Ivars V. Mellups, Acting General Counsel, Thomas L. Ray, Asst. General Counsel, J. Paul McGrath, Asst. Atty. Gen., Barry B. Grossman, Frederic Freilicher, Dept. of Justice, Washington, D.C., for respondents.

Before HEANEY, BRIGHT and FAGG, Circuit Judges.

FAGG, Circuit Judge.

The State of South Dakota and the City of Pierre petition for review of two orders by the Civil Aeronautics Board allowing Western Air Lines to terminate its service from Pierre to its eastern destinations, and denying a petition to modify the essential air transportation determination for Pierre. We affirm the Board's orders.

The Airline Deregulation Act of 1978, Pub.L. No. 95-504, 92 Stat. 1705...

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