COLE

v.

UNITED STATES

Citator

Cited By

• R.R. Yardmasters of Am. v. Harris, 721 F.2d 1332 (D.C. Cir. 1983)
  …t of this circumstance, the assertion that the delegation was extinguished before implemented is simply untenable.” 571 F. 2d at 550. . RYA cites A.B. Phillips v. Fidalgo Island Packing Co., 238 F. 2d 234, 235 (9th Cir.) (per curiam), cert. denied, 352 U.S. 944, 77 S.Ct. 262, 1 L.Ed.2d 237 (1956), for the proposition that a delegation of authority by a public officer terminates when the officer departs from office. RYA mischaracterizes A.B. Phillips. In that case, a commission that had delegated power to i…
• Sullivan v. Pac. & Arctic Ry. & Navigation Co., 439 F.2d 267 (9th Cir. 1971)
  …udgment against Sullivan. We agree. The district court relied on a territorial case, Fidalgo Island Packing Co. v. Phillips (D.Alaska 1954) 120 F.Supp. 777, 15 Alaska 15, aff’d per curiam (9 Cir. 1955) 230 F. 2d 638, 16 Alaska 12, cert. den. (1956) 352 U.S. 944, 77 S.Ct. 262, 1 L.Ed.2d 237, 16 Alaska 561. See also, Born v. Cease (D.Alaska 1951) 101 F.Supp. 473, 13 Alaska 518. The district court also noted that exhaustion of administrative remedies is the rule of most states. Sullivan argues that the terri…
• Fidalgo Island Packing Co. v. Phillips, 253 F.2d 621 (9th Cir. 1957)
  …upon the pending appeal. The present appeal is dismissed with costs against the present appellants. . Phillips v. Fidalgo Island Packing Co., 9 Cir., 230 F. 2d 638, rehearing denied 9 Cir., 238 F. 2d 234. . Phillips v. Fidalgo Island Packing Co., 352 U.S. 944, 77 S.Ct. 262, 1 L.Ed.2d 237.…