IN RE SPENCER

Citator

Cited By

• Humboldt Express, Inc. v. Interstate Commerce Comm'n & United States, 567 F.2d 1134 (D.C. Cir. 1977)
  …37] tion. “Agency action which is arbitrary and capricious abuses discretion and constitutes an unlawful exercise of discretion.” Bell Lines, Inc. v. United States, 306 F.Supp. 209, 213 (S.D.W.Va.1969), aff’d per curiam, 397 U.S. 818, 90 S.Ct. 1517, 25 L.Ed.2d 804 (1970). That this court has the responsibility to review Commission actions is beyond doubt. Upon complaint that the Commission has abused its discretion, we must carefully evaluate the allegations and we must reject agency actions that fall without…
• Barnes Freight Line, Inc. v. The Interstate Commerce Comm'n & the United States, 569 F.2d 912 (5th Cir. 1978)
  …three judge court); H. C. & D. Moving & Storage Co. v. United States, 1970, D.Haw., 317 F.Supp. 881 (three judge court); Bell Lines, Inc. v. United States, 1969, D.W.Va., 306 F.Supp. 209 (three judge court), aff’d, 1970, 397 U.S. 818, 90 S.Ct. 1517, 25 L.Ed.2d 804. The petitioners argue that the suspicious circumstances of this case require broader judicial review than is usual. Because we conclude that the order is invalid even when judged by the usual limited standard of review, we do not reach this content…
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n, 593 F.2d 691 (5th Cir. 1979)
  …ed, at least in his experience. In fact, this case is not extraordinary insofar as the number of protestants is concerned. See, e. g., Bell Lines, Inc. v. United States, 306 F.Supp. 209 (S.D.W.Va.1969), aff’d per curiam, 397 U.S. 818, 90 S.Ct. 1517, 25 L.Ed.2d 804 (1970) (forty protests filed). . In fact, the government concedes that a reasoned opinion would be necessary in a particular case, but argues that this is not that case. See appellee’s brief at 19. The ICC also suggests that Vermont Yankee Nuclear…