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T.W.A. v. CIVIL AERONAUTICS BOARD

No. 387.

336 U.S. 601 (1949)

TRANSCONTINENTAL & WESTERN AIR, INC. v. CIVIL AERONAUTICS BOARD.

Supreme Court of United States.

Decided April 18, 1949.

Attorney(s) appearing for the Case

Gerald B. Brophy argued the cause for petitioner. With him on the brief were Charles Pickett and Joseph S. Iseman.

Emory T. Nunneley, Jr. argued the cause for respondent. With him on the brief were Solicitor General Perlman, Stanley M. Silverberg and Warren L. Sharfman.

Charles H. Murchison filed a brief for Capital Airlines, Inc., as amicus curiae, urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

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...

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