Legal Opinion

Markair, Inc. v. Civil Aeronautics Board, Transamerica Airlines, Inc., Intervenor

Court of Appeals for the Ninth Circuit

Decided October 12, 1984No. CA 83-7875PublishedCited by 36 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

This is a petition for review of an order of the Civil Aeronautics Board that granted certificates of public convenience and necessity to five airlines, allowing them to provide charter service in Alaska. The CAB contends that its order was authorized under the Airline Deregulation Act of 1978, despite specific statutory language restricting the availability of such certificates for service in Alaska. We reverse.

I

FACTS AND PROCEEDINGS BELOW

On July 1, 1972, Transamerica Airlines, Inc. filed an application with the CAB to amend its certificate of public convenience and…

2Cases cited5 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
  3. Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
  4. Monte Vista Lodge v. The Guardian Life Insurance Co. Of AmericaCourt of Appeals for the Ninth Circuit · 1967
  5. John J. Toohey v. Paul H. Nitze, Secretary, U. S. Department of the NavyCourt of Appeals for the Ninth Circuit · 1970

3Cited by36 opinions

  1. Conklin Wallace v. Robert ChristensenCourt of Appeals for the Ninth Circuit · 1986
  2. National Labor Relations Board v. A-Plus Roofing, Inc. Phyllis WessonCourt of Appeals for the Ninth Circuit · 1994
  3. Coar v. KazimirCourt of Appeals for the Third Circuit · 1993
  4. United States v. Louisiana-Pacific CorporationCourt of Appeals for the Ninth Circuit · 1985
  5. United States v. Leemunth Peter JohnCourt of Appeals for the Fourth Circuit · 1991

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