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IN THE MATTER OF BRANIFF AIRWAYS, INC., ET AL., DEBTOR. BRANIFF AIRWAYS, INC., ET AL., PLAINTIFFS-APPELLEES, v. CIVIL AERONAUTICS BOARD, DEFENDANT, AMERICAN AIRLINES, INC., INTERVENOR-APPELLANT.

PER CURIAM:

We affirm the judgment of the District Court, essentially for the reasons stated in its memorandum opinion. We add, in particular, that we conclude that 28 United States Code §§ 1471(a) and (b) were not invalidated by the Marathon decision, but if they were, nevertheless, the jurisdictional grant of 28 United States Code § 1334 remains effective during the transitional period.

The Northern Pipeline Construction Co. v. Marathon Pipeline Co., ___ U.S. ___, 102 S.Ct. 2858, 73 L.Ed.2d 598 (1982).

AFFIRMED.

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IN MATTER OF BRANIFF AIRWAYS, INC
(May 23, 1983)