McManus v. C.A.B

4 Citing cases

  1. National Air Carrier Association v. C.A.B

    436 F.2d 185 (D.C. Cir. 1970)   Cited 38 times
    Recognizing the Board's power to take interim action on a fare agreement under exigent circumstances even though it "lacks sufficient information to determine authoritatively whether the agreement as a whole will serve the public interest . . . ."

    This assertion is made in spite of the absence of any hearing requirement in section 412, and in spite of the fact that several judicial decisions have explicitly noted this omission. See Fugazy Travel Bureau, Inc. v. CAB, 121 U.S.App.D.C. 355, 350 F.2d 733 (1965); Railway Express Agency, Inc. v. CAB, 120 U.S.App.D.C. 228, 345 F.2d 445, cert. denied, 382 U.S. 879, 86 S.Ct. 162, 15 L.Ed.2d 120 (1965); McManus v. CAB, 310 F.2d 762 (2d Cir. 1962). However, none of these cases can be considered dispositive of the issue presently before us; and petitioners urge that in the circumstances of this case, the Board was required to hold an evidentiary hearing.

  2. Payne v. Washington Metro. Area Transit Com'n

    415 F.2d 901 (D.C. Cir. 1968)   Cited 31 times

    " But the Commission did find that the existing rates were "unjust and unreasonable," and Section 6(b) of the Compact gives the Commission authority to modify existing rates upon making such a finding. The New England Division Case, 261 U.S. 184, 201, 43 S.Ct. 270, 277, 67 L.Ed. 605 (1923); see FPC v. Natural Gas Pipeline Co., 315 U.S. 575, 583-585, 62 S.Ct. 736, 86 L.Ed. 1037 (1942); McManus v. CAB, 310 F.2d 762, 763 (2d Cir. 1962); Panhandle Eastern Pipe Line Co. v. FPC, 236 F.2d 606, 608-609 (3d Cir. 1956). Note 3, supra.

  3. Aviation Consumer Action Project v. C. A. B.

    370 F. Supp. 945 (D.D.C. 1972)

    We note at the outset that sections 1382 and 1384 have withstood previous constitutional attacks. See McManus v. C.A.B., 310 F.2d 762 (2d Cir. 1962); McManus v. C.A.B., 286 F.2d 414, cert. denied, 366 U.S. 928, 81 S.Ct. 1649, 6 L.Ed.2d 388, rehearing denied, 366 U.S. 978, 81 S.Ct. 1918, 6 L.Ed.2d 1268 (1961). After considering the plaintiffs' claims and the statutes in question, it is the opinion of this Court that the present attack on these sections and section 1482 does not raise substantial constitutional questions.

  4. In re Kauai Elec. Div. of Citizens Util. Co.

    60 Haw. 166 (Haw. 1978)   Cited 43 times
    Holding that, without sufficient findings and conclusions, the court had no basis on which to review the agency's order

    Id. at 200. In McManus v. Civil Aeronautics Board, 310 F.2d 762 (2d Cir. 1962), the court said: "A hearing may be a full one, although evidence introduced does not enable the tribunal to dispose of issues completely or permanently, and although the tribunal is convinced, when entering the order . . . that, upon further investigation, some changes in it will have to be made."