North American Airlines, Inc. v. Civil Aeronautics Board
North American Airlines, Inc. v. Civil Aeronautics Board
Opinion of the Court
Case, one of the The Denver Service Civil Aeronautics Board’s major area proceedings dealing wjith proposals for new or improved air s with an application of Trans World Airlines, filed in 1945, to add Denver to its transcontinental routes conference, in which ¡the present petitioners did not participate, was held February 24, 1953. On April 3, 1953, petitioners, who are three large irregular air carriers and their ¡affiliates,
On April 29, 1954, some eight months after the initial consolidation order, and after another prehearing conference had been held, exhibits exchanged, and the proceeding noticed for hearing, petitioners m^ved for either (1) consolidation in the Denver Service Case of the part of their original application that sought authority east of Chicago, or (2) elimination from the Denver Service Case of “the issue of nonstop service from points east of the gateways” (Chicago and St. Louis). Petitioners contended that awards to other applicants, coupled with existing routes of those applicants, would make such service possible, and that petitioners were entitled to simultaneous hearing in regard to it. The Board denied the motion, both as untimely and as unduly expanding the issues and delaying the case. After hearing, the Board denied petitioners’ application for new routes. Petitioners appeal from both denials.
Ashbacker Radio Corp. v. Federal Communications Commission, 326 U.S. 327, 66 S.Ct. 148, 90 L.Ed. 108, held that mutually exclusive radio applications must be heard together. But the Court said: “Apparently no regulation exists which, for orderly administration, requires an application for a frequency, previously applied for, to be filed within a certain date.” 326 U.S. at page 333, 66 S.Ct. at page 151. When we decided Northwest Airlines v. Civil Aeronautics Board, 90 U.S.App.D.C. 158, 194 F.2d 339, no regulation of the Board required an application for consolidation to be filed within a certain date. But the Board’s Rule 12 now requires that a motion to consolidate one application with another be filed not later than the pre-hearing conference on the other, unless “good cause” for late filing is shown.
Petitioners asked for authority to operate air coach service between large cities. Their contentions, fully set out by the Examiner, are chiefly that air transportation now requires the entry of a new passenger trunkline carrier, and that as low-fare coach operators petitioners have a unique record. The Examiner cited the Transcontinental Coach-Type Service Case,
After making these findings the Board said: “Finally, we are denying North American’s application because we are unable to find the applicant ‘willing’ to comply with the Act and the Board’s regulations.
Affirmed.
. See North American Airlines, Inc. v. Civil Aeronautics Board, 99 U.S.App.D.C. 55, 237 F.2d 209, decided September 13, 1956.
. Tlic Board afterwards amended its order to make it clear that the application involved San Francisco as well as Los Angeles. By other orders, the Board added issues of service to and from Kansas City and Keno.
. Bule 302.12 as amended, effective September 15, 1952, 17 F.R. 7419-20; 14 CFR 302.12.
That such a rule may extinguish private rights not timely asserted does not invalidate it. Beaumont Broadcasting Corp. v. Federal Communications Commission, 91 U.S.App.D.C. 111, 202 F.2d 306.
. 14 C.A.B. 720.
. We understand the word “Finally”, in this context, to include the sense of “Also”. We take the sentence just quoted to mean: We are denying North American’s application not only for the foregoing reasons but also because we are unable to find tbe applicant willing to comply with the Act and the regulations.
. North American Airlines, Inc., v. Civil Aeronautics Board, 99 U.S.App.D.C. 55, 237 F.2d 209, decided September 13, 1956.
Reference
- Full Case Name
- NORTH AMERICAN AIRLINES, Inc. v. CIVIL AERONAUTICS BOARD, American Airlines, Inc., Intervenor, Trans World Airlines, Inc., Intervenor, Continental Air Lines, Inc., Intervenor, City of Kansas City, Missouri, Intervenor, United Air Lines, Inc., Intervenor
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- 1 case
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- Published