Supreme Court of the United States, 1952

Civil Aeronautics Board v. American Air Transport, Inc.

Supreme Court of the United States · Decided October 20, 1952 · Douglas

344 U.S. 4; 73 S. Ct. 2; 97 L. Ed. 2d 4; 1952 U.S. LEXIS 2653; 97 L. Ed. 4 (United States Reports)

Counsel

Solicitor General Perlman and Emory T. Nunneley, Jr. for the Civil Aeronautics Board.

Cases that cite this one

27 later published cases cite this decision. The 24 that cite it most often are listed here.

Cafeteria and Restaurant Workers Union, Local 473, Afl-Cio v. Neil H. McElroy Individually and as Secretary of Defense (D.C. Cir. 1960)
Western Pacific Railroad Corp. v. Western Pacific Railroad Co. (Supreme Court of the United States 1953)
United States v. Glenn Dale Seawell (9th Cir. 1977)
Civil Aeronautics Board v. American Air Transport, Inc. (D.C. Cir. 1952)
Deutsche Lufthansa Aktienge-Sellschaft v. Civil Aeronautics Board (D.C. Cir. 1973)
Capitol Airways, Inc., and World Airways, Inc. v. Civil Aeronautics Board, Seaboard & Western Airlines, Inc., Intervenor (D.C. Cir. 1961)
Atchison, Topeka & Santa Fe Railway Co. v. Summerfield (D.C. Cir. 1955)
United States v. Sam Garafolo (7th Cir. 1968)
United States v. John Richard Sykes, John Brenton Preston, and Kenneth Ray Strunk (6th Cir. 1962)
Hayashi v. Lorenz (Cal. 1954)
Guardianship of Estate of Kawakita (Cal. 1954)
Civil Aeronautics Board v. American Air Transport, Inc. (D.C. Cir. 1952)
Rweyemamu v. Cote (2d Cir. 2008)
Carlisle v. United States (United States Court of Federal Claims 2005)
United States v. Lee (District Court, D. Kansas 1997)
Lee v. State (Miss. 1986)
State v. DelVecchio (Conn. 1983)
Jones v. State (Miss. 1978)
United States of America, Charles L. Miller (10th Cir. 1974)
United States v. William Martin and Prince Parker (7th Cir. 1967)
United States v. Jules I. Littwin (6th Cir. 1964)
United States v. Ellis Walker (6th Cir. 1963)
United States v. Rodriguez (United States District Court for the Southern District of California 1960)
United States v. Carmelo Sansone (2d Cir. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The certificate is dismissed. Labor Board v. White Swan Co., 313 U. S. 23 (1941); Lowden v. Northwestern National Bank & Trust Co., 298 U. S. 160 (1936); White *5 v. Johnson, 282 U. S. 367 (1931); United States v. Union Pacific R. Co., 168 U. S. 505 (1897).

The Civil Aeronautics Board has applied to this Court for an order requiring the Court of Appeals to send up the entire record. To grant such an application would bring “the entire matter in controversy” before the Court for decision. 28 U. S. C. § 1254 (3).

Since the certificate must be dismissed, the Court should not exercise its discretionary power to bring up “the entire matter in controversy” for review. See Cleveland-Cliffs Iron Co. v. Arctic Iron Co., 248 U. S. 178 (1918). Perhaps the Court of Appeals may now wish to hear this case en banc to resolve the deadlock indicated in the certificate and give full review to the entire case. This Court does not normally review orders of administrative agencies in the first instance; and the Court does not desire to take any action at this time which might foreclose the possibility of such review in the Court of Appeals.

For these reasons the Board’s application is denied.

Mr. Justice Douglas dissents.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.