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WESTERN AIR LINES v. C. A. B.

No. 225.

347 U.S. 67 (1954)

WESTERN AIR LINES, INC. v. CIVIL AERONAUTICS BOARD ET AL.

Supreme Court of United States.

Decided February 1, 1954.

Attorney(s) appearing for the Case

Emory T. Nunneley, Jr. argued the cause for the Civil Aeronautics Board. With him on the brief was O. D. Ozment.

Hugh W. Darling argued the cause for Western Air Lines, Inc., petitioner in No. 225 and respondent in No. 224. With him on the brief were Edward S. Shattuck and D. P. Renda.

Daniel M. Friedman argued the cause for the United States and the Postmaster General, respondents. With him on the brief were Acting Solicitor General Stern, Assistant Attorney General Barnes, Murray L. Schwartz and Eugene J. Brahm.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

These cases, here on writs of certiorari to the Court of Appeals for the District of Columbia, present an important question in the construction of § 406 (b) of the Civil Aeronautics Act of 1938, 52 Stat. 973, as amended, 49 U. S. C. § 401 et seq. Section 406 (a) authorizes the Civil Aeronautics Board to fix "fair and reasonable rates of compensation for the transportation of mail by aircraft...

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