Opinion

New England Air Express, Inc. v. Civil Aeronautics Board

  • 194 F.2d 894
  • 90 U.S. App. D.C. 215
  • 1952 U.S. App. LEXIS 4052
Court
Court of Appeals for the D.C. Circuit
Filed
Feb 21, 1952
Status
Published
On the bench
Bazelon, Edgerton, Fahy, Per Curiam
Cited by
5 cases
Authority
More cited than 81.9%

The opinion

PER CURIAM.

. Petitioner, a large irregular air carrier, asks review of an order of the Civil Aeronautics Board suspending the Letter of Registration which permits it to operate. Civil Aeronautics Act, as amended, 52 Stat. 1024 , § 1006, 49 U.S.C.A. § 646 . Petitioner has no certificate of public convenience and necessity. In the hearing which led to the suspension order gross violations of the Act and of the Board’s Economic Regulations by .petitioner were charged, admitted, and found. The Board allowed petitioner to file affidavits, documentary evidence, and written argument, and also to “present orally its reasons why its registration should not be suspended * * *." Standard Airlines, Inc., v. Civil Aeronautics Board, 85 U.S.App.D.C. 29, 32 , 177 F.2d 18, 21 .

Petitioner did not ask the Board for an evidentiary hearing. It now contends it should have had such a hearing. But the public interest appears to have justified petitioner’s suspension and at least some of petitioner’s violations were willful. For both of these reasons the suspension hearing was not subject to the requirements of § 9(b) of the Administrative Procedure Act, 5 U.S.C.A. § 1008 (b). Moreover petitioner’s objection to the Board’s hearing was not presented to the

*895

Board and therefore comes*too late. Seaboard & Western Airlines, Inc., v. Civil Aeronautics Board, 87 U.S.App.D.C. 78 , 183 F.2d 975 .

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.