McManus v. C.A.B

1 Citing case

  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.