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1985 - April DOT Ord. & Dec. [1] (April, 1985)

handle is hein.usfed/dotod0350 and id is 1 raw text is: Order 85-4-1 / UNITED STATES OF AMERICA 8 '3- DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY SERVED APR 1 WASHINGTON, D. C. Issued Under Delegated Authority April 1, 1985 Complaint of I.QLDINGS, INC. * against * _PUMN3NAL AIR INES, INC* W~ Docket 42254 Complaint of * WES W AXRINES, INC. * against * CONTINENTAL AIR LINES, INC. * ORDER DISMISSING COMPLAINTS By Order of March 5, 1985, the Chief Judge directed the parties in the above-captioned proceedings, consolidated into Docket 42254, to submit recommendations by March 15, 1985, on further procedural steps to be taken, or otherwise to state why the proceeding should not be dismissed for lack of prosecution. In response, the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings (Enforcement Office) filed a motion to dismiss the complaints in Docket 42254 on the grounds that the advertising campaign of Continental, to which the complaints refer, is not unfair or deceptive under section 411 of the Federal Aviation Act. Also, on March 15, 1985, Continental Air Lines filed a motion to dismiss the enforcement proceeding reiterating that in its answers to the third-party complaints it had denied that the advertisements were unfair and deceptive, and stating that Continental had discontinued the advertisement campaign in issue during the summer of 1984 and had no intention of ever resuming it. No pleadings were filed by the third-party complainants and no answers were filed to the motions to dismiss. Frontier Holdings, Inc., and Western Air Lines, Inc., filed complaints under section 411 of the Federal Aviation Act on May 22, 1984, and June 4, 1984, respectively, charging Continental with engaging in unfair and deceptive practices and unfair methods of competition in an advertising campaign claiming that your money goes farther on Continental. Answers to the complaints were filed by Continental denying the allegations that its advertisements violated the Act. The Civil Aeronautics Board's Enforcemeot Division

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