Western Air Lines, Inc. v. Civil Aeronautics Board

On April 23, 1951, this court made an order upon the motion of the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, for leave to intervene herein. In that order the court noted that the Brotherhood was permitted to intervene and become a party to the proceedings before the Board, and found that the Brotherhood is a party and is entitled to be heard in this court upon the pending petition for a review of the Board’s proceedings. Accordingly, the motion for leave to intervene was denied as unnecessary.

It has now been suggested that although neither the petitioner nor the Board has interposed any objection .to the Brotherhood being heard in this court, or in these proceedings, yet the Board is fearful lest the form in which the court’s order was made should be taken to establish as a rule of procedure that anyone permitted to intervene in a similar proceeding before the Board, would by virtue of that fact necessarily be entitled to recognition as a party to any proceeding to review an order issued by the Board, and even be deemed entitled to petition for review.

Necessarily the court’s previous order had reference solely to the facts of…