Airborne Freight Corporation v. Civil Aeronautics Board, 13882.
| Decision Date | 12 June 1958 |
| Docket Number | No. 13882.,13882. |
| Citation | 257 F.2d 210 |
| Parties | AIRBORNE FREIGHT CORPORATION (a California corporation), Petitioner, v. CIVIL AERONAUTICS BOARD, Respondent, American Airlines, Inc., Shulman, Inc., Acme Air Cargo, Inc., United Air Lines, Inc., Trans World Airlines, Inc., Intervenors. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Louis P. Haffer, Washington, D. C., for petitioner and intervenor Acme Air Cargo, Inc.
Mr. Morris Chertkov, Atty., Civil Aeronautics Board, with whom Messrs. Franklin M. Stone, Gen. Counsel, Civil Aeronautics Board, John H. Wanner, Associate Gen. Counsel, Civil Aeronautics Board, O. D. Ozment, Asst. Gen. Counsel, Litigation and Research, Civil Aeronautics Board, William J. Dixon, Atty., Civil Aeronautics Board, and Daniel M. Friedman, Atty., Dept. of Justice, were on the brief, for respondent.
Mr. Peter S. Craig, Washington, D. C., with whom Mr. Howard C. Westwood, Washington, D. C., was on the brief, for intervenor American Airlines, Inc.
Mr. William O. Turney, Washington, D. C., was on the brief for intervenor Acme Air Cargo, Inc.
Mr. James Francis Reilly, Washington, D. C., entered an appearance for intervenor United Air Lines, Inc.
Mr. William Caverly, Washington, D. C., entered an appearance for intervenor Trans World Airlines, Inc.
Messrs. Russell S. Bernhard, John E. Stephen and George S. Lapham, Jr., Washington, D. C., filed a brief on behalf of Air Transport Ass'n of America as amicus curiae urging affirmance.
On Petition for Rehearing.
Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.
On March 18, 1957, after a rule-making proceeding in which it had previously reached different conclusions, the Civil Aeronautics Board decided that § 404(a) of the Civil Aeronautics Act, 52 Stat. 993, 49 U.S.C.A. § 484(a), does not contemplate establishment of "joint rates" by airlines and freight forwarders; that § 412, 52 Stat. 1004, 49 U.S.C.A. § 492, does not authorize the Board to approve agreements between air freight forwarders and airlines fixing rates for air transportation which would otherwise violate the rate-making provisions of the Act; but that special reduced rates for air freight forwarders are not necessarily unlawful and a regulation prohibiting the filing of such rates by airlines would be premature. Airborne Freight Corporation asks us to review and set aside this decision of the Board.
Airborne assembles and ships air freight. Such shippers are called "air freight forwarders" and sometimes described as "indirect air carriers". Airborne contends it is an "air carrier" within the meaning of § 404(a) of the Act which...
To continue reading
Request your trial
-
Island Airlines, Inc., In re
...192, 197, 76 S.Ct. 763, 100 L.Ed. 1081; Inter-Island Resorts, Ltd. v. Akahane, 44 Haw. 93, 99, 352 P.2d 856; Airborne Freight Corp. v. C. A. B., 103 U.S.App.D.C. 206, 257 F.2d 210. Applicant says it has been aggrieved because, under R.L.H.1955, § 104-15, it cannot charge any rate until fixe......
-
CAB v. Dreyer, 78 C 1475.
...Co., Inc. v. CAB, 308 F.2d 49 (9th Cir. 1962); Las Vegas Hacienda, Inc. v. CAB, 298 F.2d 430 (9th Cir. 1962); Airborne Freight Corp. v. CAB, 257 F.2d 210 (D.C. Cir.1958); CAB v. International Exchange School, 357 F.Supp. 819 (D.Utah 1973). Thus, this argument too must be Finally, plaintiff ......
-
Jet Air Freight v. Jet Air Freight Delivery, Inc.
...called an 'air freight forwarder' and is sometimes described as an 'indirect air carrier.' Airborne Freight Corporation v. Civil Aeronautics Board, 103 U.S.App.D.C. 206, 257 F.2d 210, 211 (1958). The federal regulations state in 14 C.F.R. § 296.2 'There is hereby established a classificatio......
- Spevack v. Strauss, 13834.