Capital Airlines, Inc. v. Civil Aeronautics Board, City and Chamber of Commerce of Toledo, Ohio, Intervenor

BAZELON, Circuit Judge.

This case raises a new and important question in the administration of the Federal Aviation Act. It is the first proceeding in which the Civil Aeronautics Board has found a certified carrier’s service to be inadequate and has ordered it to provide additional flights. 1

The City and Chamber of Commerce of Toledo, Ohio, filed a joint complaint before the Board alleging that Capital Airlines (“Capital”) was .not rendering Toledo adequate service to and from New York, Chicago, Philadelphia and Cleveland, as required by § 404(a) of the Act. 2 The Board ordered an…