Consolidated Flower Shipments, Inc.,- Bay Area v. Civil Aeronautics Board

This is a petition by Consolidated Flower Shipments, Inc. — Bay Area, hereafter Consolidated, to stay the effective date of an order entered February 5, 1953, of the Civil Aeronautics Board, hereafter the Board, requiring Consolidated to cease and desist in ■ certain actions, pending the consideration of Consolidated’s petition for a review by this court of the Board’s order.

The petition is opposed as to its merits' by the Board and by Consolidated’s competitor, Airborne Flower and Freight Traffic,. Inc. This court, sua sponte, raised the jurisdictional question whether Consolidated when it filed its petition for review here on April 8, 1953, did so within the sixty days-after the entry of the Board’s order, provided by § 1006(a) of the Civil Aeronautics Act, 49 U.S.C.A. § 646 (a).

On February 24, 1953, Consolidated filed with the Board a petition for reconsideration of the cease and desist order entered on February 5, 1953. On March 3, 1953, the Board stayed that order until thirty days after the determination of .the petition for reconsideration. The petition was denied on April 1, 1953, and Consolidated’s petition for review by this court was filed on April 8, 1953 — that is…