# British Overseas Airways Corp. v. Civil Aeronautics Board

> Court of Appeals for the D.C. Circuit · June 14, 1962 · 304 F.2d 952

URL: https://www.frixlaw.com/law-library/cases/6923441

## Case

- **Full name:** BRITISH OVERSEAS AIRWAYS CORPORATION, British West Indian Airways, Limited, and Bahamas Airways, limited v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors SCANDINAVIAN AIRLINES SYSTEM v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors SOCIETE ANONYME BELGE D'EXPLOITATION DE LA NAVIGATION AERIENNE (SABENA) v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors KLM ROYAL DUTCH AIRLINES v. CIVIL AERONAUTICS BOARD, Cunard Eagle Airways, Ltd., Intervenors
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 14, 1962
- **Citations:** 304 F.2d 952
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Wright
- **Judges:** Bastían, Danaher, Wright
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6923441

## Opinion text

WRIGHT, Circuit Judge.
Section 1006(a) of the Federal Aviation Act of 1958, 49 U.S.C.A. § 1486 (a), here relied on, does not authorize review by this court, now or later, of the proposed regulation in suit, since it is “[an] order in respect of * * * foreign air *953 carrier[s] subject to the approval of the President” under Section 801 of the Act, 49 U.S.C.A. § 1461 . See Chicago & Southern Air Lines v. Waterman S. S. Corp., 333 U.S. 103 , 68 S.Ct. 431 , 92 L. Ed. 668 , interpreting the identical provision of the Civil Aeronautics Act, § 1006(a), formerly 49 U.S.C.A. § 646 . The prohibition cannot be circumvented by the expedient attempted here. This is not to say that there may not be a judicial remedy against administrative, or even Presidential, action beyond the scope of lawful authority, as defined by the Aviation Act. The petitions will accordingly be dismissed, without prejudice to independent proceedings in the District Court challenging the validity of the proposed regulation if and when promulgated.
Petitions dismissed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6923441. Public record. Not legal advice.