Legal Opinion

British Caledonian Airways, Ltd. v. Civil Aeronautics Board

Court of Appeals for the D.C. Circuit

Decided June 15, 1978No. 75-1991PublishedCited by 14 opinions

1Opinion of the Court

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Petitioner here challenges a declaratory order of the Civil Aeronautics Board (the Board) issued under the authority of 5 U.S.C. § 554(e) (1976) to terminate a controversy and remove uncertainty.1 The order in question is attacked on both procedural and substantive grounds. Although no argument is made that the order was not issued pursuant to those procedures required for declaratory orders, petitioners assert that in issuing this order, the Board was in fact improperly promulgating a new legislative regulation…

2Cases cited40 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  5. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945

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3Cited by14 opinions

  1. Brown Express, Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1979
  2. American Transfer & Storage Co. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the Fifth Circuit · 1983
  3. Pennzoil Company v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1981
  4. Carter/mondale Presidential Committee, Inc. v. Federal Election CommissionCourt of Appeals for the D.C. Circuit · 1985
  5. Process Gas Consumers Group v. U. S. Department of AgricultureCourt of Appeals for the D.C. Circuit · 1981

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