Sherman Minton

Name: American Airlines v. North American Airlines (351 U.S. 79) — Opinion of the Court
Author: Sherman Minton

American Airlines v. North American Airlines…

Summary

“American Airlines v. North American Airlines (351 U.S. 79) — Opinion of the Court”, is a work by Sherman Minton. It explores elements such as carrier, competition and Board.

Quotes from American Airlines v. North American Airlines… (Sherman Minton)

Sherman Minton, American Airlines v. North American Airlines…

“ Rather, consideration of the public interest is made a condition upon the assumption of jurisdiction by the agency to investigate trade practices and methods of competition and determine whether or not they are unfair. Thus, this Court has held that, under § 5, the Federal Trade Commission may not employ its powers to vindicate private rights and that whether or not the facts, on complaint or as developed, show the public interest to be sufficiently 'specific and substantial' to authorize a proceeding by the Commission is a question subject to judicial review. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ In the Klesner case, two District of Columbia retailers, with a long history of acrimonious personal and business relations, were both operating stores called the 'Shade Shop.' This Court held that the public interest merely in resolving their private unfair competition dispute would not justify the Commission in issuing a complaint. The courts of law are open to competitors for the settlement of their private legal rights, one against the other. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ In exercising our function of review of the Board's jurisdiction to protect the public interest by a proceeding which may be generated from facts also giving rise to a private dispute, we must take account of the significant differences between § 5 and § 411. Section 5 is concerned with purely private business enterprises which cover the full spectrum of economic activity. On the other hand, the air carriers here conduct their business under a regulated system of limited competition. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ The proper handling of complaints from members of the public is impeded by confusion as to the carrier to whom the complaint should be presented. The transportation itself may differ from what the confused purchaser had anticipated (e.g., in terms of equipment) , even though the time and place of arrival may be about the same. It is obvious that public confusion between air carriers operating between the same cities is adverse to the public interest * * *.' Docket Nos. 5774 and 5928 (Nov. 4, 1953) , 12-13 (mimeo) .
Under § 411 it is the Board that speaks in the public interest. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ The maintenance of high standards in dealing with the public is expected of common carriers, and the public has a right to be free of the inconveniences which flow from confusion between carriers engaging in the transportation of persons by air. The speed of air travel may well be diminished when passengers check in for flights with the wrong carrier, or attempt to retrieve baggage from the wrong carrier, or attempt to purchase transportation from the wrong carrier, or direct their inquiries to the wrong carrier. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ Federal Trade Commission, 3 Cir., 122 F.2d 158, where the confusing name was not that of any competitor. The Board found that respondent knowingly adopted a trade name that might well cause confusion. But it made no findings that the use of the name was intentionally deceptive or fraudulent or that the competitor, American Airlines, was injured thereby. Such findings are not required of the Trade Commission under § 5, and there is no reason to require them of the Civil Aeronautics Board under § 411. ”

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Source: Wikisource

Sherman Minton, American Airlines v. North American Airlines…

“ D.D.D. Corp. v. Federal Trade Commission, 7 Cir., 125 F.2d 679, 682; Gimbel Bros., Inc., v. Federal Trade Commission, 2 Cir., 116 F.2d 578, 579; Federal Trade Commission v. Balme, 2 Cir., 23 F.2d 615, 621. See also S.Rep. No. ”

Sherman Minton

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