Legal Opinion

Transcontinental & Western Air, Inc. v. Civil Aeronautics Board

Supreme Court of the United States

Decided April 18, 1949No. 387PublishedCited by 60 opinions

1Opinion of the CourtJustice Douglas

The question in this case is whether the Civil Aeronautics Board has authority to fix a new mail rate for air carriers and to make it retroactive for a period in which a final rate previously fixed by the Board was in effect and unchallenged by the initiation of a mail rate proceeding. The answer turns primarily on the meaning of § 406 (a) of the Civil Aeronautics Act of 1938 as amended, 52 Stat. 998, 49 U. S. C. § 486 (a), which empowers the Board to fix and determine the fair and reasonable rates of compensation for the transportation of mail by aircraft and “to make such rates effective…

2Cases cited2 opinions

  1. United States v. New York Central RailroadSupreme Court of the United States · 1929
  2. Transcontinental & Western Air, Inc. v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1948

3Cited by60 opinions

  1. Dawson Chemical Co. v. Rohm & Haas Co.Supreme Court of the United States · 1980
  2. Pacific Telephone & Telegraph Co. v. Public Utilities CommissionCalifornia Supreme Court · 1965
  3. Democratic Central Committee of the District of Columbia v. Washington Metropolitan Area Transit Commission, D. C. Transit System, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1973
  4. Williams v. Washington Metropolitan Area Transit CommissionCourt of Appeals for the D.C. Circuit · 1968
  5. In Re FowlerUnited States Bankruptcy Court, D. Delaware · 2006

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