North American Airlines, Inc. v. Civil Aeronautics Board
North American Airlines, Inc. v. Civil Aeronautics Board
Opinion of the Court
Petitioners are three large irregular air carriers, a ticket agency, and partnerships that lease aircraft to the carriers and perform accounting and financial services for them. Petitioners and certain other large irregular air carriers have comprised “North American Airlines”.
Petitioners and other air carriers applied to the Civil Aeronautics Board for certificates authorizing them to furnish various new or improved services to various points within the area bounded by New York on the east, Rochester on the north, Pittsburgh on the south, and Chicago on the west. Petitioners applied for certificates authorizing air coach service between certain large cities in the area.
pressed confidence that the existing carriers would provide a steadily expanding quantity of coach servicé.” The Examiner found that the existing carriers had in fact offered substantially more air coach service in recent years, and that traffic estimates for the future “would not justify superimposing a new carrier in this area on such a selective basis” as petitioners proposed. Accordingly the Examiner found that “the public convenience and necessity do not require the new route services proposed” by North American, and that its application should be denied. He recommended that the applications of Colonial, Eastern, and National also should be denied on grounds of public convenience and necessity.
The Board agreed with the Examiner. It said: “The Examiner has recommended denial of the applications of the above-named carriers, and we agree with his recommendation as well as the reasons stated in support thereof.” We think the record supports the findings and order.
We think it immaterial that after thus stating its decision and its reasons the Board proceeded to “add several comments”. One of the comments was “that with respect to North American’s joint application, we would deny that application for the additional reason that we are unable to find the applicants ‘willing’ to comply with the Act and the Board’s regulations as provided in Section 401(d) of the Act. Our conclusion in this regard is predicated upon the facts of record herein which show that Messrs. Weiss, Lewin, Fischgrund and Hart, the central figures in the North American group, have a long history of association with flagrant violations of the Act and cannot be found sufficiently reliable to entrust with the operation of the certifi
Affirmed.
. Cf. American Airlines, Inc., v. North American Airlines, Inc., 351 U.S. 79, 76 S.Ct. 600, 602; on remand, 98 U.S.App.D.C. 366, 235 F.2d 863.
. Though petitioners’ application concluded with a general prayer for “the routes hereinabove described and set forth, and for such route and routes serving that general area or otherwise that the Board may conclude that the public convenience and necessity may require”, their only specific proposal regarding this area was to serve Chicago, Detroit, Cleveland, Pittsburgh, and New York.
. Cf. Continental Southern Lines v. Civil Aeronautics Board, 90 U.S.App.D.C. 352, 358, 197 F.2d 397, 403.
Reference
- Full Case Name
- NORTH AMERICAN AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD, Northwest Airlines, Inc., Intervenor, Capital Airlines, Inc., Intervenor, Detroit Aviation Commission of the City of Detroit, Intervenor, Trans World Airlines, Inc., Intervenor, United Air Lines, Inc., Intervenor, American Airlines, Inc., Intervenor
- Cited By
- 3 cases
- Status
- Published