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Cab v. American Air Transport, Inc., 344 U.S. 4 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cab v. American Air Transport, Inc., 344 U.S. 4 (1952)
Per curiam 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); Whitev. Johnson, 282 U.S. 367 (1931); United States v. 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 instances, 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.
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Chicago: U.S. Supreme Court, "Cab v. American Air Transport, Inc., 344 U.S. 4 (1952)," Cab v. American Air Transport, Inc., 344 U.S. 4 (1952) in 344 U.S. 4 344 U.S. 5. Original Sources, accessed May 11, 2025, http://www.originalsources.com/Document.aspx?DocID=LL96W4FU5YCSNGK.
MLA: U.S. Supreme Court. "Cab v. American Air Transport, Inc., 344 U.S. 4 (1952)." Cab v. American Air Transport, Inc., 344 U.S. 4 (1952), in 344 U.S. 4, page 344 U.S. 5. Original Sources. 11 May. 2025. http://www.originalsources.com/Document.aspx?DocID=LL96W4FU5YCSNGK.
Harvard: U.S. Supreme Court, 'Cab v. American Air Transport, Inc., 344 U.S. 4 (1952)' in Cab v. American Air Transport, Inc., 344 U.S. 4 (1952). cited in 1952, 344 U.S. 4, pp.344 U.S. 5. Original Sources, retrieved 11 May 2025, from http://www.originalsources.com/Document.aspx?DocID=LL96W4FU5YCSNGK.
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