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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)

Citation
Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Parent Document
Thompson v. Washington, 179 U.S. App. D.C. 357 (1977)
Effective Date
1977-02-15

Other Sections in This Document (48)

Full Text

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Ordinarily . . the proper disposition on setting aside a rate increase unlawfully ordered by the [agency] would be to compel the regulated company to restore the entire difference between the higher fares collected under the invalid order and the amount that it would have received from the fare schedule previously in effect. More fundamentally, however, our decision in this regard is to be governed by the equitable considerations which apply to suits for restitution generally. The basic question is whether “the money was obtained in such circumstances that the possessor will give offense to equity and good conscience if permitted to retain it,” and is “no longer whether the law would put him in possession of the money if the transaction were a new one.” Since restitution is not a matter of right, but is “ex gratia, resting in the exercise of a sound discretion,” it lies within our authority to direct restitution in an amount less than the whole sum of the increased fares collected under the invalid order, or to deny it altogether, if compelling equitable considerations so dictate.