PEERLESS INSURANCE CO.

v.

UNITED STATES ET AL.

Citator

Cited By (15 total)

• Monroe Cnty. Conservation Council, Inc. v. Volpe, 472 F.2d 693 (2d Cir. 1972)
  …river was not navigable. On appeal, the Secretary admits that the portion of the river in question is navigable as previously found by this court in Rochester Gas & Electric Corp. v. Federal Power Comm., 344 F. 2d 594 (2 Cir.), cert. de [*703] nied, 382 U.S. 832, 86 S.Ct. 72, 15 L.Ed. 2d 75 (1965), but he argues instead that his approval of the project is not dependent upon the acquisition of a permit by the State of New York. This position is wholly untenable. When the Secretary gives his approval to a pr…
• Carlisle Paper BOX Co. v. Nat'l Labor Relations Bd., 398 F.2d 1 (3d Cir. 1968)
  …contrary to that reached by the agency will not support a determination that the administrative action was arbitrary and capricious.” N. L. R. B. v. Jas. H. Matthews & Co., Industrial Mark. Prod. Div., 342 F. 2d 129, 131 (3 Cir. 1965), cert. denied, 382 U.S. 832, 86 S.Ct. 74, 15 L.Ed.2d 76 (1965). Reviewing the actions of the Regional Director in light of the above we find that his determinations were not arbitrary or capricious. Since the union conceded the three challenged votes raised by petitioner, it…
• United States v. Foster, 417 F.2d 1254 (7th Cir. 1969)
  …rfeiture, the surety assumes the burden of proving that an injustice is done by the forfeiture. [*1257] United States v. Accardi, S.D.N.Y., 241 F.Supp. 119, 120, aff’d sub nom. United States v. Peerless Ins. Co., 2 Cir., 343 F. 2d 759, cert. denied, 382 U.S. 832, 86 S.Ct. 73, 15 L.Ed.2d 76. It has also been held that the denial of a motion to set aside a forfeiture is not an abuse of discretion, even though it appears that the surety had surrendered the defaulting defendant to the government within a few da…