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1971 - February DOT Ord. & Dec. [1] (February, 1971)

handle is hein.usfed/dotod0654 and id is 1 raw text is: Order 71-2-1 W UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D.C. Adopted by the Civil Aeronautics Board PAiA at its office in Washington, D.C. /0 on the 1st day of February, 1971 DOMESTIC PASSENGER-FARE INVESTIGATION Docket 21866 ORDER DISMISSING PETITION FOR RECONSIDERATION AND MOTIONS By Order 70-11-91, dated November 19, 1970, the Board took various actions to expedite this proceeding. Inter alia, the Board directed that the portion of the record in phase 6 relating to seating configuration (redesignated in the order as phase 6A) and the record in phase 7 be certified to the Board for final decision, and that further procedures in phases 4 and 5, including exceptions to the initial decisions and briefs to the Board, be temporarily deferred. A petition seeking reconsideration of the above order was filed by Continental Air Lines, Inc., on November 27, 1970. Referring to the Chief Examiner's grant of Bureau Counsel's motion to postpone the hearing date in phase 9 to April 12, 1971, Continental urges that the Board should expedite that phase. Secondly, Continental urges that the Board should receive an initial decision by the Examiner in phase 6A, claiming that such a decision would contribute to the record since the examiner presided over the taking of the evidence and would be in a better position to reach an initial decision in this case than the five Board members. Continental also challenges the legal and factual basis for the Board's determination to omit the tentative decision in phase 6A. Answers in opposition to Contiental's motion have been filed by American Airlines, Inc., and Trans World Airlines, Inc. Insofar as the petition seeks reconsideration of Order .70-11-91, it is unauthorized, since, under Rule 37(a), reconsideration of interlocutory 1/ orders may not be sought, subject to certain exceptions not pertinent here.- 1/ It may be noted that in determining to direct certification of phase 6A, the Board has already given full consideration to Continental's objection in its answer to American's motion requesting certification.

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