Kodiak mirror., 1960-06-18
BEFORE THE CIVIL AERONAUTICS BOARD WASHINGTON, D. C.
NAoHIINUIOIN, U' N' In the Matter of the proceed ) ing known as the ) REOPENED INTRA-ALASKA )
 CASE ] (Kodiak Porti0n) ) Docket No. 6093, ct al
 ANSWER OF KODIAK
 AIRWAYS, INC.
 to EXAMINERS SHOW CAUSE ORDER
 of MAY 31, 1860

COMES now kOdlak AlfWayS, Inc, (Kodiak), by its attorneys, and submits this answer to the order of Hearing Examiner Paul N. Pfeiffer contained in his Notice to All Parties, dated May 31, 1860, wherein it is directed that:
 Kodiak Airways, Bur a u
 Counsel, and the Post Office De
 partment are hereby directed to
 show cause within five days from
 receipt of this notice why the
 hearing should not be reopened
 for the purpose of receiving tes-
 timony by James w. Harvey, of
 Harvey Flying Service in Ko-
 diak, Alaska, at a time and place
 to be fixed on or about July 13,
 196O."
 1. The telegraphic protest from James w. Harvey, dated May 30, 1860, which is the only reason cited by the Examiner for his con- Sideration of a further reopening of this hearing, alleges that inter- ested parties, specifically Harvey Flying Service, were not notified of the date of Kodiak Airways' latest reopened hearing on its ap- plication for certification. It should be noted that MT. Harvey does not contend that he has ever been without actual knowledge of Ko- diak Airways' pending application or the Boards proceedings thereon that have been in continuous pro- cess over the past seven years. The fact that his present pOst-hearing attempt to take a position in oppo- sition to Kodiak AirwayS' applica- tion is not only in direct violation of the Boards rules of procedure, but is also contrary to all prin- cipleS of equity and without foun- ,dation in material fact, is made abundantly clear by his letter to the Board, dated May 31, 1860, copy of which is annexed hereto as Appendix "A". The contentious that "all communications from the Civil Aeronautics Board (preSum- ably meaning all opinions, orders, notices, etc. are to be forwarded to all concerns engaged in air transportation" and that "all inter- ested parties must be notified (presumably by direct service by the Board) before a true and valid hearing may be conducted" (par- enthetical interpretations sup pliedl are without truth in law, regulation or logic. MT. Harvey is an air taxi operator This type or classification of carrier may oper- ate here, there, or anywhere else during any given period of time. His obvious objective in this in stance is nothing more than to vex and harass Kodiak Airways and to endeavor to delay the Boards final decision on its application.
 2. The Board proceeding entit led an Investigation of Intra-Alas ka Air Transportation, within which proceeding Kodiak Airways application was consolidated, was initiated by Order No. E-7S22 dated April 22, 1853. Kodiak Air ways application was filed June g 1853.
 On or about the year 1854 MT
 Harvey was employed by Kodiak
 Airways as a pilot.
 The original hearing was hel6 in Anchorage, Alaska in June 1856. The Examiners Recommend ed Decision was issued June 20 1857, and the Boards Decision or January 14, 1859. Thereafter, the Board issued its first Supplement al Opinion and Order on December %. 1859. and its second Supple