Southwest Airways Co. v. Civil Aeronautics Board

Good Law
196 F.2d 937·1952 U.S. App. LEXIS 4048
United States Court of Appeals for the Ninth CircuitMay 19, 195213288_1California493 words

Opinion

Opinion

Denman, J.

This is a petition by Southwest Airways Co. to review another aspect of the same Civil Aeronautics Board order of January 17, 1952, involved in Western Air Lines, Inc., v. Civil A. B., 9 Cir., 196 F.2d 933 . As stated in the other case, the Board inter alia denied Southwest’s application for award of an air route from Los Angeles to Phoenix via certain way points; and Southwest attacks this order insofar as it reaffirms a previous Board order on March 10, 1950, which had rescinded a temporary •certificate, granted to Southwest but not yet effective, which covered this route.

The only additional fact that should be stated is that the Board, as part of the California-Nevada Service Case, had issued ■a temporary certificate to Southwest covering the Los Angeles-Phoenix route on December 19, 1949. The order of that date granting this certificate was in final form, but the temporary certificate appended to the order had the following condition attached to it:

Western Air Lines and others did petition the Board for reconsideration of its December 19, 1949 order and accordingly the effective date of Southwest’s certificate was changed to March 31, 1950. Prior to that time, on March 10,…

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