DAVENPORT

v.

UNITED STATES

Citator

Cited By (21 total)

• Mr. and Mrs. Ardmore Canton v. Spokane Sch. Dist. #81, 498 F.2d 840 (9th Cir. 1974)
  …as ‘one more item in a continuous series of adjustments.’ ” 319 U.S. at 332. No such delicate, ongoing administrative program is involved here. Detroit Edison Co. v. East China Township School District No. 3, 378 F. 2d 225 (6th Cir.), cert. denied, 389 U.S. 932, 88 S.Ct. 296, 19 L.Ed.2d 284 (1967), rested in part, at least, on the Tax Injunction Act, 28 U.S.C. § 1341, rather than on the judicially developed doctrine of abstention. To the extent that it rested upon the latter, the court found that the state…
• Gen. Tel. Co. OF the Sw. v. United States & Fed. Commc'ns Comm'n, 449 F.2d 846 (5th Cir. 1971)
  …ore it, the Commission promulgated rules reasonably calculated to effectuate the policies of the Communications Act. United Steelworkers of America v. NLRB, 126 U.S.App.D.C. 215, 376 F. 2d 770 (1967), cert. denied, Northwest Engineering Co. v. NLRB, 389 U.S. 932, 88 S.Ct. 297, 19 L.Ed.2d 285. It is an established rule that the judiciary must give deference to the choice of remedy selected by the agency unless it reflects an abuse of discretion so gross as to be arbitrary. Consolo v. FMC, 383 U.S. 607, 86 S.…
• United States ex rel. Thomas Johnson v. Chairman OF NEW York State Bd. OF Parole & Comm'r of N.Y. State Dep't of Corr. Servs., 500 F.2d 925 (2d Cir. 1974)
  …questioned3 — is a reviewing court able to determine whether there has been an “abuse of discretion,” see United Steelworkers of America, AFL-CIO v. NLRB, 126 U.S.App.D.C. 215, 376 F. 2d 770, cert. denied sub nom., Northwest Engineering Co. v. NLRB, 389 U.S. 932, 88 S.Ct. 297, 19 L.Ed.2d 285 (1967); Indianapolis Glove Co. v. NLRB, 400 F. 2d 363 (6th Cir. 1968), without merely substituting the judge’s will for the board’s discretion? Clearly review for “abuse of discretion” is more difficult where the statut…