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DELTA AIR LINES v. SUMMERFIELD

No. 223.

347 U.S. 74 (1954)

74 S.Ct. 350

98 L.Ed. 513

DELTA AIR LINES, INC. v. SUMMERFIELD, POSTMASTER GENERAL, ET AL.

Supreme Court of United States.

Decided February 1, 1954.

Attorney(s) appearing for the Case

Emory T. Nunneley, Jr. argued the cause for the Civil Aeronautics Board. With him on the brief was O. D. Ozment.

L. Welch Pogue argued the cause and filed a brief for petitioner in No. 223.

Daniel M. Friedman argued the cause for the United States and the Postmaster General, respondents. With him on the brief were Acting Solicitor General Stern, Assistant Attorney General Barnes, Murray L. Schwartz and Eugene J. Brahm.

Hubert A. Schneider, on behalf of Braniff Airways, Inc., C. Edward Leasure, on behalf of Northwest Airlines, Inc., and Gerald B. Brophy, on behalf of Trans World Airlines, Inc., filed a brief, as amici curiae, urging reversal.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Delta Air Lines, petitioner in No. 223, is the successor by merger to Chicago and Southern Air Lines (C & S). C & S was an air carrier which conducted both domestic and foreign operations prior to the merger. The present case involves subsidy mail pay for its foreign operations from 1946 through 1950.

In 1948 the Board, on applications made by C & S in 1944 and 1945, fixed a prospective annual...

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