United States Supreme Court Cases & Opinions

U.S. Supreme Court

TWA v. CAB, 336 U.S. 601 (1949)

Transcontinental & Western Air, Inc. v. Civil Aeronautics Board

No. 387

Argued February 9, 1949

Decided April 18, 1949

336 U.S. 601

Syllabus

1. The Civil Aeronautics Board is without authority, under the Civil Aeronautics Act of 1938, as amended, 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 the mail rate proceeding. Pp. 336 U. S. 602-608.

2. Section 406(a) of the Act, which empowers the Board to fix rates for the transportation of mail by aircraft and "to make such rates effective from such date as it shall determine to be proper," is not to be construed as authorizing the Board to make a rate retroactive to a date earlier than the date of the commencement of the rate proceeding. Pp. 336 U. S. 604-607.

83 U.S.App.D.C. 358, 169 F.2d 893, affirmed.

A petition to the Civil Aeronautics Board by an air transport company to fix a new rate for the transportation of mail was dismissed insofar as the petition sought to have the new rate made retroactive to a date earlier than the date of the petition. 8 C.A.B. 685. The Court of Appeals affirmed. 83 U.S.App.D.C. 358, 169 F.2d 893. This Court granted certiorari. 335 U.S. 884. Affirmed, p. 336 U. S. 608.

Page 336 U. S. 602