World Airways, Inc. v. Civil Aeronautics Board, City of Oakland, California Board of Port Commissioners, Intervenors

McGOWAN, Circuit Judge:

The sole issue in this case is whether the 1962 amendments to the Federal Aviation Act of 1958, Pub.L. No. 87-528, 76 Stat. 143, should be construed to bar the Civil Aeronautics Board from issuing a certificate for scheduled route authority to an air carrier holding a certificate for supplemental air transportation. The Board has so read the statute. We find such a reading unwarranted, and therefore hold that the Board should have addressed the merits of an application for such authority.

I

On April 2, 1975 petitioner World Airways, Inc., an air carrier certificated to…