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08/14/70 Conroy Aircraft v. Civil Aeronautics Board;

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


August 14, 1970

CONROY AIRCRAFT CORPORATION

v.

CIVIL AERONAUTICS BOARD; SATURN AIRWAYS, INC., INTERVENOR

Before WRIGHT, ROBINSON and ROBB, Circuit Judges, in Chambers.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT. 1970.CDC.190

August 14, 1970.

PER CURIAM: The Court has considered Petitioner's Motion for Summary Reversal and Remand, the Answers of Respondent and of Intervenor to Petitioner's Motion, and Petitioner's Reply to the Answers in Opposition, as well as arguments of counsel at oral hearing.

It is hereby ORDERED by this Court that the Order of the Civil Aeronautics Board, entered in Application of Saturn Airways, Inc., C.A.B. Docket No. 21774, on February 27, 1970, granting to Saturn Airways Inc. an exemption from Sections 401 and 403 of the Civil Aeronautics Act, 49 U.S.C. §§ 1371, 1373, so that it might enter into a contract with Lockheed Aircraft Corporation for transportation of outsize cargo between Ireland and California, is reversed. In granting the exemption, the Board is required to determine that waiver of statutory requirements is in the public interest. 49 U.S.C. § 1386(b). Antitrust factors must be considered in determining the public interest. Northern Natural Gas Co. v. Federal Power Commission, 130 U.S. App. D.C. 220, 228, 399 F.2d 953, 961 (1968); Denver & Rio Grande Eastern Railroad Co. v. United States, 387 U.S. 485, 495 (1967); Marine Space Enclosures, Inc. v. Federal Maritime Commission, et al., - U.S. App. D.C. - , 420 F.2d 577, 585-6 (1969).

It is FURTHER ORDERED by the Court that this case be remanded to the Civil Aeronautics Board for a redetermination of the waiver granted to Saturn. The Board must examine antitrust factors and explicate its reasons for its ruling so that this Court may review the basis for the determination. The Court is not, of course, suggesting that the Board must find antitrust factors in the present case compelling or controlling. National Air Carrier Assn. et al. v. Civil Aeronautics Board, - U.S. App. D.C. - , - F.2d - , No. 23,012 (May 28, 1970), Slip opin. p. 18; Northern Natural Gas Co. v. Federal Power Commission, 130 U.S. App. D.C. 220, 228, 399 F.2d 953, 960-1 (1968). The Court leaves to the discretion of the Board any decision of whether a hearing is necessary to its determination.

19700814

© 2002 VersusLaw Inc.



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