Legal Opinion

Moss v. Civil Aeronautics Board

Court of Appeals for the D.C. Circuit

Decided October 16, 1975No. Nos. 73-1772, 73-1790PublishedCited by 10 opinions

1Opinion of the Court

McGOWAN, Circuit Judge:

This case comes in the aftermath of Moss v. CAB, 139 U.S.App.D.C. 150, 430 F.2d 891 (1970), which invalidated certain airline passenger fares made effective by the Civil Aeronautics Board in violation of Section 1002 of the Federal Aviation Act. 49 U.S.C. § 1482 (1970). The question now is whether there is to be a recovery of any part of those unlawful fares. The Board has denied such relief on the grounds that the fares in question were not unjust or unreasonable, and, in any case, resulted in no unjust enrichment of the airlines. We conclude that these decisional…

2Cases cited29 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Zuber v. AllenSupreme Court of the United States · 1970
  3. United States v. MorganSupreme Court of the United States · 1939
  4. Atlantic Coast Line Railroad v. FloridaSupreme Court of the United States · 1935
  5. United Gas Improvement Co. v. Callery Properties, Inc.Supreme Court of the United States · 1965

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3Cited by10 opinions

  1. Towns of Concord, Norwood, and Wellesley, Massachusetts v. Federal Energy Regulatory Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1992
  2. Public Utilities Commission of the State of California v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company Transwestern Pipeline Company Southern California Gas Company Texaco Inc., Texas Gas Marketing Inc., and Texaco Exploration and Production, Inc. Williams Natural Gas Company, Intervenors. Southern California Gas Company v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company the Public Utilities Commission of the State of California Transwestern Pipeline Company Williams Natural Gas Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1993
  3. Southern Railway Co. v. United StatesDistrict Court, District of Columbia · 1976
  4. Axinn & Sons Lbr. Co., Inc. v. Long Island R. Co.District Court, E.D. New York · 1978
  5. Abbotts Dairies Division of Fairmont Foods, Inc. v. ButzCourt of Appeals for the Third Circuit · 1978

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