Trans World Airlines, Inc. v. Civil Aeronautics Board’s Empirical Analysis
385 F.2d 648 · 1967
Citation profile
63 federal appellate · 4 state decisions
How this case has been cited
Cited by 94 later decisions — most recently January 2006 · most notably The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior (1973), Richard A. Williams and Alfred S. Trask v. Washington Metropolitan Area Transit Commission, D.C. Transit System, Inc., Intervenor. Democratic Central Committee of the District of Columbia, Leonard N. Bebchick and Daniel W. Gottlieb v. Washington Metropolitan Area Transit Commission, D.C. Transit System, Inc., Intervenor. D.C. Transit System, Inc. v. Washington Metropolitan Area Transit Commission (1969)
63 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 26 U.S.C. § 168 · 26 U.S.C. § 38
Relies on Udall v. Tallman · Montana-Dakota Utilities Co. v. Northwestern Public Service Co. · Braunfeld v. Gibbons · Public Service Commission of State of New York Tennessee Gas Transmission Co Public Service Commission of State of New York · Bluefield Water Works & Improvement Co. v. Public Service Commission
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“has a primary duty to the taxpayers, to pay out no more in subsidy than is currently needed to accomplish the purposes of Section 406.”
3 later decisions quote this exact passage · from the majority““A subsidy agency may realistically stress diligence to avoid excessive advertising and selling expense since restraints that normally operate on corporate management may be subdued in the case of a subsidized operation, where the managers may be influenced by the possibility if not the prospect that current subsidized advertising expenditures would' attract customers who would remain, in good measure, as patrons in the later subsidy free period. The danger of spiral-ling selling costs is manifest where subsidies are payable to carriers who compete with each other.””
1 later decision quote this exact passage · from the majority“when the evidence of record does not fairly establish either a proposition or its contrary, the agency is within its sound discretion in adhering to what is knowable and avoiding what is necessarily in the domain of speculation.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.