LYNN

v.

MCELROY, CIRCUIT COURT JUDGE, ET AL.

Citator

Cited By

• N.C. Comm'n OF Indian Affairs v. United States Dep't OF Labor, 725 F.2d 238 (4th Cir. 1984)
  …or judgment which an administrative agency alone is authorized to make.” Chenery, supra. A similar question of statutory interpretation was at issue in Milk Transport v. Interstate Commerce Commission, 190 F.Supp. 350 (D.Minn.1960), aff’d per curiam 368 U.S. 5, 82 S.Ct. 15, 7 L.Ed.2d 16 (1961). The court concluded that Chenery was not applicable: We are not concerned here with a judgment which only the Interstate Commerce Commission can make. The expertness of the Commission does not make it better qual…
• Ry. Labor Executives' Ass'n v. Interstate Commerce Comm'n, 784 F.2d 959 (9th Cir. 1986)
  …h Carolina Commission of Indian Affairs v. United States Department of Labor, 725 F. 2d 238, 240 (4th Cir.1984), cert. denied, — U.S.-, 105 S.Ct. 112, 83 L.Ed.2d 55 (1985); Milk Transport v. ICC, 190 F.Supp. 350, 355 (D.Minn.1960), aff'd per curiam, 368 U.S. 5, 82 S.Ct. 15, 7 L.Ed.2d 16 (1961). The legislative intent is not clear from the statute’s plain wording. Because 49 U.S.C. § 10901 covers both acquisitions and new construction, among other activities, Congress’ decision in the Staggers Act to add…