BURKE ET AL.

v.

SANITARY DISTRICT OF CHICAGO ET AL.

Citator

Cited By

• First Nat'l Bank of Smithfield v. Saxon, 352 F.2d 267 (4th Cir. 1965)
  …grant or refuse approval, the public interest, need and necessity, and, subject to court review, to exercise his discretion in determining such interest, need or necessity. Apfel v. Mellon, 59 App.D.C. 94, 33 F. 2d 805, 806, 807 (1929), cert. den., 280 U.S. 585, 50 S.Ct. 35, 74 L.Ed. 634 (1929).5 On the remand of this case, the plaintiff may adduce evidence demonstrating the impermissibility of the ■ Comptroller’s approval of a branch bank at Smithfield. Testimony to the contrary will be receivable from th…
• The State OF N.D. v. Merchs. Nat'l Bank & Tr. Co., 634 F.2d 368 (8th Cir. 1980)
  …of. Federal Home Loan Bank Board v. Rowe, 284 F. 2d 274, 278 (D.C.Cir.1960) (conferral of discretion on Federal Home Loan Bank Board); Apfel v. Mellon, 33 F. 2d 805, 806-07 (D.C.Cir.) (conferral of discretion on Federal Reserve Board), cert. denied, 280 U.S. 585, 50 S.Ct. 35, 74 L.Ed. 634 (1929). Certainly the Comptroller has implied authority “to state publicly the manner in which he will exercise [this discretionary power), and any such public statement can be adopted through a rule-making procedure,” alt…

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• Fed. Home Loan Bank Bd. v. Rowe, 284 F.2d 274 (D.C. Cir. 1960)
  …ssion was no inadvertence,13 in [*278] deed Congress fully intended that the Board possess vast discretion14 before “the Board approves the application.” We observed in Apfel v. Mellon, 59 App.D.C. 94, 96, 38 F. 2d 805, 807, certiorari denied, 1929, 280 U.S. 585, 50 S.Ct. 35, 74 L.Ed. 634: “An examination of congressional legislation with regard to banking since 1864 shows that Congress has consistently used various forms of the word ‘approve’ in the sense of conferring discretion upon the Comptroller of t…