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This philosophy also followed by the President in the first Eastern-Colonial Acquisition Case, supra. As the Board stated in its decision regarding the President's action:

"* * * he believes that such mergers should be accomplished in full accordance with the requirements of the Civil Aeronautics Act, including the requirement for advance approval of any acquisition of control."

While control of Colonial by Eastern at the time of the execution of the agreement in issue would preclude approval of the agreement, it does not necessarily follow that, because Eastern once violated the Act in acquiring Colonial without prior approval of the Board, it should forever be prevented from acquiring Colonial through legitimate means.  That the present agreement should not be considered on the basis of the past actions of the parties is apparent from past decisions of the Board. In the National-Caribbean-Atlantic Control Case, 8/ the Board stated:

"The attitude and conduct of the management of both companies in this transaction are inconsistent with the objectives of the Act and not conducive to the best development of the air transportation industry.  The legislative authorization to acquire control of another air carrier is expressly contingent upon obtaining approval of the Board, and if approval of acquisition of control were to be accomplished widely in the manner sought to be employed here our efforts toward the proper administration of the Act from the long-range point of view would be hampered, with an attendant substantial menace to the public.  There, we will not countenance the continuing willful violations by National."

8/ National-Caribbean-Atlantic Control Case, 6 C.A.B. 671 (1946)