United States Supreme Court Cases & Opinions

U.S. Supreme Court

CAB v. American Air Transport, Inc., 344 U.S. 4 (1952)

Civil Aeronautics Board v. American Air Transport, Inc.

No. 126

Certificate dismissed October 20, 1952

344 U.S. 4

Syllabus

A certificate of the Court of Appeals certifying to this Court, under 28 U.S.C. § 1254(3), questions concerning the validity of a regulation of the Civil Aeronautics Board is dismissed on the authority of cases cited in the opinion, and an application of the Board for an order requiring the Court of Appeals to send up the entire record, thus bringing up "the entire matter in controversy" for decision, is denied.

The United States District Court for the District of Columbia enjoined enforcement of a regulation of the Civil Aeronautics Board unless and until plaintiffs were afforded "a full and fair evidentiary hearing with respect thereto." See 98 F.Supp. 660. On appeal to the United States Court of Appeals for the District of Columbia Circuit, three judges were unable to agree on a disposition of the case, and certified to this Court questions concerning the validity of the regulation. The Civil Aeronautics Board applied to this Court under Rule 37(2) of the Rules of this Court for an order requiring the Court of Appeals to send up the entire record. Certificate dismissed, and order denied, pp. 344 U. S. 4-5.