Opinion

Summerfield, Postmaster General v. Civil Aeronautics Board

  • 207 F.2d 207
Court
Court of Appeals for the D.C. Circuit
Filed
Oct 12, 1953
Status
Published
Author
Bazelon
On the bench
Prettyman, Proctor, Bazelon
Cited by
6 cases
Authority
More cited than 24.6%

The opinion

BAZELON, Circuit Judge (concurring).

I add this comment- to describe another difficulty stemming from the statutory inadequacies which are discussed in my concurrence this day in Summerfield v. Civil Aeronautics Board, 92 U.S.App.D.C. 248 , 207 F.2d 200 , and Western Air Lines v. Civil Aeronautics Board, 92 U.S.App. D.C. 248, 207 F.2d 200 .

The Board refused to offset Chicago and Southern Air Lines’ $650,000 excess over anticipated domestic earnings in establishing the mail rate for’international.' operations. It concluded that such refusal would further managerial incentive' to low cost operation and high revenue production in the domestic division.. This may well be a highly desirable economic objective. But the premise essential to the Board’s conclusion is that the domestic excess is directly related to these factors. Neither the Board nor the courts on review can say whether’ that premise is valid. The' statute does not separate need or subsidy payments from compensation for services. Hence it cannot be determined whether all or any part of this domestic excess is attributable to managerial efficiency reflected by low cost operation and high revenue production or to exorbitant subsidy payments included in Chicago and Southern’s domestic mail rate. We cannot impute to Congress an intent that the Board should, chart its course without such essential, information.

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.

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