United States v. Associated Air Transport, Inc., Associated Air Transport, Inc. v. United States

With deference to the views of my colleagues, I am constrained to dissent. In the simplest terms in which I am able to state the issue it is: In 1951 irregular air carriers were authorized by action of the C.A.B. to engage in the carriage of military personnel by contracting for charter flights upon the filing of tariffs, the relevant portions of which are set out in footnotes 7 through 13 of the opinion ; the military services were using not only air, but also rail and bus transportation; in order to determine which type of transportation to use the military service needed to know the cost…