United States Supreme Court Cases & Opinions

U.S. Supreme Court

C. & S. Air Lines, Inc. v. Waterman S.S. Corp., 333 U.S. 103 (1948)

Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.

No. 78

Argued November 19, 1947

Decided February 9, 1948*

333 U.S. 103

Syllabus

Section 1006 of the Civil Aeronautics Act, authorizing judicial review of certain orders of the Civil Aeronautics Board, does not apply to orders granting or denying applications of citizens of the United States for authority to engage in overseas and foreign air transportation which are subject to approval by the President under § 801. Pp. 333 U. S. 104-114.

(a) Orders of the Board as to certificates for overseas or foreign air transportation are not mature, and therefore are not susceptible of judicial review until they are made final by presidential approval, as required by § 801. P. 333 U. S. 114.

Page 333 U. S. 104

(b) After such approval has been given, the final orders embody presidential discretion as to political matters beyond the competence of the courts to adjudicate. P. 333 U. S. 114.

159 F.2d 828, reversed.

The Circuit Court of Appeals denied a motion to dismiss a petition seeking review of certain orders of the Civil Aeronautics Board granting and denying certificates of public convenience and necessity authorizing certain American air carriers to engage in overseas and foreign air transportation after such orders had been approved by the President under § 801 of the Civil Aeronautics Act. 159 F.2d 828. This Court granted certiorari. 331 U.S. 802. Reversed, p. 333 U. S. 114.