opinion: WORLD AIRWAYS, INC., et al. v. PAN AMERICAN WORLD AIRWAYS, INC., et al.
  No. 800.
  Argued April 29-30, 1968.
  Decided May 27, 1968
  Assistant Attorney General Wozencraft argued the cause for petitioner in No. 946. With him on the brief were Solicitor General Griswold, Assistant Attorney General Turner, Howard E. Shapiro, Joseph B. Goldman, O. D. Ozment, Warren L. Sharfman, and Robert L. Toomey. Jerrold Scoutt, Jr., argued the cause for petitioners in Nos. 800 and 969. With him on the brief for petitioners in No. 800 were Leonard N. Bebchick, George Berkowitz, Stephen D. Potts, Clayton L. Burwell, and Frederick Bernays Wiener. Charles A. Hobbs and Glen A. Wilkinson filed briefs for petitioner in No. 969.
  Edward R. Neaher argued the cause for respondents in all cases. With him on the brief were Carl S. Rowe and Gertrude S. Rosenthal.
  Together with No. 946, Civil Aeronautics Board v. Pan American World Airways, Inc., et al., and No. 969, American Society of Travel Agents, Inc. v. Pan American World Airways, Inc., et al., also on. certiorari to the same court.
  Per Curiam.
  The judgment of the United States Court of Appeals for the Second Circuit is affirmed by an equally divided Court.
  Mr. Justice Marshall took no part in the consideration or decision of these cases.
instruction: What follows is an opinion from the Supreme Court of the United States. Your task is to identify whether administrative action occurred in the context of the case prior to the onset of litigation. The activity may involve an administrative official as well as that of an agency. To determine whether administration action occurred in the context of the case, consider the material which appears in the summary of the case preceding the Court's opinion and, if necessary, those portions of the prevailing opinion headed by a I or II. Action by an agency official is considered to be administrative action except when such an official acts to enforce criminal law. If an agency or agency official "denies" a "request" that action be taken, such denials are considered agency action. Exclude: a "challenge" to an unapplied agency rule, regulation, etc.; a request for an injunction or a declaratory judgment against agency action which, though anticipated, has not yet occurred; a mere request for an agency to take action when there is no evidence that the agency did so; agency or official action to enforce criminal law; the hiring and firing of political appointees or the procedures whereby public officials are appointed to office; attorney general preclearance actions pertaining to voting; filing fees or nominating petitions required for access to the ballot; actions of courts martial; land condemnation suits and quiet title actions instituted in a court; and federally funded private nonprofit organizations.