Felix Frankfurter,
Fly v. Heitmeyer — Opinion of the Court
“ The only relevant difference between the two cases is that there the Commission proposed on remand not only to reconsider respondent's application on oral argument with subsequently filed rival applications, but to reopen the record and take new evidence on the comparative ability of the various applicants to satisfy 'public convenience, interest, or necessity.' But the Commission's duty was to apply the statutory standard in deciding which of the applicants was to receive a permit after it fell into legal error as well as before. ”
