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1978 - November DOT Ord. & Dec. [1] (November, 1978)

handle is hein.usfed/dotod0624 and id is 1 raw text is: Order 78-11-1 UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D.C. Issued Under Delegated Authority November 1, 1978 FORMER LARGE IRREGULAR Docket 33361 AIR SERVICE INVESTIGATION ORDER GRANTING INTERVENTION The United States Department of Justice (DOJ) filed a petition for leave to intervene on September 20, 1978, a month later than the deadline set by the Board for such filings in Order 78-7-106. Because DOJ omitted to show good cause for late filing, its petition was denied as untimely by Order 78-10-37, issued October 6, 1978. That order invited DOJ to refile if it were prepared to persuade that good cause exists for late filing. Thereafter, by petition for leave to intervene dated and filed October 13, DOJ refiled, stating that it was submitting also a memorandum of points demonstrating good cause for late filing. That memorandum, which accompanied the new petition, recited, inter alia, that the DOJ in good faith had believed that the deadline set by the Board for timely filing of intervention petitions was inapplicable to government or civic bodies, hence the failure to file within the 30 days provided in Order 78-7-106. No objection to DOJ intervention has been presented either at the October 19, 1978 prehearing conference or otherwise, and it does not appear that intervention now will delay the proceeding. ACCORDINGLY, pursuant to authority delegated by the Board, 14 CFR 385.11, it is found that petitioner has sufficient interest in this proceeding to justify participation as a party and has clearly shown good cause for its failure to timely file, and IT IS ORDERED: That the petition for leave to intervene filed on behalf of the United States Department of Justice is granted. Persons entitled to petition the Board for review of this order pursuant to the Board's Regulations, 14 CFR 385.50, may file such petitions within ten days after the date of service of this order.

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