Court : US Supreme Court
Decided on : Apr-18-1949
TWA v. CAB - 336 U.S. 601 (1949) 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 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT 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 rat...
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