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In the first Eastern-Colonial Acquisition Case, supra, it was concluded that the integration of the routes of Eastern and Colonial would be in the public interest and that the acquisition of Colonial's assets by Eastern would not create a monopoly and thereby restrain competition or jeopardize another air carrier not a party to the agreement. In the Eastern-Colonial Control Case 6/ the Board concluded that Eastern's control of Colonial had terminated. 

The Board, by that Order No. E-9347 dated June 28th, defining the scope of the issue in this proceeding, stated that 

"* * * No useful purpose would be served by retrial of the questions whether Eastern-Colonial integration would be consistent with the public interest, whether it would create a monopoly and restrain competition or jeopardize another air carrier not a party to the public than would flow from a National-Colonial combination." 

and 

"* * * There is no sound reason to retry the issue whether Eastern has control of Colonial at this time, in view of the recent determination of that issue in the Easter-Colonial Control Case, Docket No. 6582, and National's participation in that proceeding."

In view of the foregoing it is necessary at this time to consider only the issues of (1) whether Eastern's prior action in acquiring control of Colonial without prior Board approval, notwithstanding the Board's subsequent conclusion that such control had terminated, precludes a finding that the agreement is not 

6/ Eastern-Colonial Control Case, Docket No. 6582, decided April 29, 1955, Order No. E-9162.