ANDERSON-TULLY COMPANY
v.
UNITED STATES

U.S. | 1951-10-08
No. 171
342 U.S. 826 Supreme Court of the United States (1951) Caution
Cited by 8 cases

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  • …a determination of agency for such purposes as income taxation, Bell v. Commissioner, 278 F. 2d 100 (4th Cir. 1960), or the applicability of the Portal-to-Portal Act of 1947, Kam Koon Wan v. E. E. Black, Ltd., 188 F. 2d 558 (9th Cir.), cert. denied, 342 U.S. 826, 72 S.Ct. 49, 96 L.Ed. 625 (1951).5 Plaintiffs have not cited and we have not found a case applying APA judicial review provisions to the Trust Territory or applying even similar review standards to the civil government of any territory or possessio…
  • State Ins. Fund & Guardino & Sons v. Pesce, 548 F.2d 1112 (2d Cir. 1977)
    …e court reasoned that the amendment was being applied only prospectively, not retrospectively. Accord, Brown-Pacific Maxon Co. v. Cardillo, 91 F.Supp. 968 (S.D.N.Y., 1950); Travelers Ins. Co. v. Toner, 89 U.S.App.D.C. 77, 190 F. 2d 30, cert. denied, 342 U.S. 826, 72 S.Ct. 48, 96 L.Ed. 624 (1951). Petitioners have cited no case holding to the contrary. Nonetheless, petitioners argue that these prior holdings cannot justify application of amended § 9 to Mr. Pesce because they involved statutory changes which…
  • …o the injury but prior to death, are applicable.” The court specifically held that this conclusion did not mean that the amendment was retroactive. Id. at 78. See also Travelers Insurance Co. v. Toner, 89 U.S.App.D.C. 77, 190 F. 2d 30, cert. denied, 342 U.S. 826, 72 S.Ct. 48, 96 L.Ed. 624 (1951), and Penn Jersey Welding Co. v. Lowe, 183 F. 2d 936 (3d Cir. 1950). Petitioners seek to avoid the impact of these cases by arguing that the 1972 amendment creates a new and different class of beneficiaries, whereas…

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