(b) "The competition was not other airlines, they believed, but cars. After all, the distance between Houston and San Antonio was less than 200 miles, a three-hour journey by road. Pacific Southwest Airlines had made city-hopping efficient in California, so why would it not work in Texas? * * * What he hadn't reckoned on was the airborne competition. Within a day, Braniff, Trans Texas (later Texas International) and Continental applied for [and obtained] a restraining order [the correct legal term is an injunction; temporary restraining order (TRO) lasted ten days] stopping Southwest from taking to the skies * * * For the next four years, through the state district court in Austin, the state court of civil appeals, the Texas Supreme Court and the US Supreme Court, the big airlines pleaded for injunctions that would kill off the new business. As the airline's lawyer, and later its general counsel, he laid out its arguments and rebuttals. When, the night before one final hearing, an anxious chief executive suggested that a sheriff might show up at the last minute and stop Southwest's first plane from taking off, Mr Kelleher gave him strict instructions: 'You roll right over the son of a bitch and leave our tyre tracks on his uniform if you have to.' "
(i) Pacific Southwest Airlines
https://en.wikipedia.org/wiki/Pacific_Southwest_Airlines
(1949 - 1988 (acquired by US Air]; based in San Diego)
Quote: "It was the first large discount airline in the United States. * * * The airline initially operated as an intrastate airline wholly within the state of California. This strategy which avoided the steep costs from federal regulation would later serve as the model for Southwest Airlines, doing in Texas what PSA had done in California. Following the Airline Deregulation Act of 1978, PSA expanded to other destinations in other western states in the US, and also eventually operated international service to several destinations in Mexico." (citation omitted).
(ii) Braniff (operations 183901982; founded by Paul Revere Braniff) Wikipedia.
(iii) Texas Aeronautics Commission v Braniff Airways. Inc, 454 S.W.2d 199 (Tex 1970), certiorari denied 400 US 943 (1970).
https://scholar.google.com/schol ... amp;as_sdt=40000006
first paragraph (about procedural history of the case): "The Texas Aeronautics Commission on February 20, 1968, approved the issuance of a certificate of public convenience and necessity authorizing Air Southwest Co to provide intrastate air service between Dallas/Ft Worth, Houston and San Antonio. Braniff Airways, Inc, Continental Airlines, Inc, and Trans-Texas Airways, Inc initiated this action in the Travis County District Court to stop issuance of the certificate by the Commission. Air Southwest intervened on the side of the Commission. Following a seven weeks trial, that court sustained all of the contentions of Braniff et al, set aside the order of the Commission and enjoined it from issuing a certificate to Air Southwest. The court of civil appeals affirmed the judgment of the trial court. 439 S.W.2d 699. The Texas Aeronautics Commission and Air Southwest Co are petitioners here.
paragraph 3: "In all matters of flying safety, such as the air worthiness of the aircraft and the skill of its operators, Air Southwest would be regulated by the Federal Aviation Agency. All Air Southwest aircraft and pilots would have federal certificates. However, by flying only in intrastate commerce and by not interlining with any CAB certificated carrier, making no connection for passengers or baggage, Air Southwest will not require a certificate from the federal agency in charge of economic regulations, the Civil Aeronautics Board [CAB]. Congress has not pre-empted the field of the economic regulation of air carriers, and the states have the power to act so long as there is no conflict with federal law. 49 USC [United States Code, the formal name of federal law] § 1301(3) and (10), and § 1371. A copy of the Air Southwest application was served upon the CAB, as required by the rules of the Texas Aeronautics Commission, but the CAB has taken no part in the matter." (citations omitted).
last paragraph: "Since the record reasonably supports the order of the Texas Aeronautics Commission of February 20, 1968, it is entitled to be given full effect. The judgments of the trial court and court of civil appeals are reversed; judgment is here rendered denying the injunction and all relief sought by respondents.
(A) The legal term certiorari denied" means United States Supreme Court declined to issue writ of certiorari to review the case.
https://en.wikipedia.org/wiki/Certiorari
(B) The county seat of Travis County is Austin, capital of Texas and where the Commission was/is located. San Antonio is 65 air-mile southwest of Austin.
(C) "by flying only in intrastate commerce and by not interlining with any CAB certificated carrier"
As a rule of thumb, Constitution empowers Congress to regulate INTERSTATE commerce (across state lines).
interline : "[vt] to write or insert (words, phrases, etc) between the lines of writing or print"
[vt or vi] to transfer (freight) from one carrier to another in the course of shipment"
[adj] involving or indicating a transfer of passengers or freight from one carrier to another during travel or shipment <interline flights>"
https://www.dictionary.com/browse/interline
(D) federal preemption
https://en.wikipedia.org/wiki/Federal_preemption
(E) "with headquarters in Dallas. Southwest began scheduled passenger service on June 18, 1971 on two routes: between Dallas Love Field and Houston Intercontinental Airport (IAH) and between Dallas Love Field and San Antonio with three Boeing 737-200s." en.wikipedia.org for "History of Southwest Airlines."
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发表于 2-19-2019 17:43:08
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