AMUSEMENT & MUSIC OPERATORS ASSN.

v.

COPYRIGHT ROYALTY TRIBUNAL ET AL.

Citator

Cited By (23 total)

• Allison v. Block, 723 F.2d 631 (8th Cir. 1983)
  …mplementation of section 1981a a matter of unfettered administrative discretion. The cases principally relied on by the Secretary, Heim v. United States, [*636] 680 F. 2d 564 (8th Cir.1982), and Rank v. Nimmo, 677 F. 2d 692 (9th Cir.), cert. denied, 459 U.S. 907, 103 S.Ct. 210, 74 L.Ed.2d 168 (1982), are not controlling. In Heim, we upheld the Secretary’s exercise of administrative discretion in denying funds to eradicate tuberculosis in the plaintiff’s elk herd under the federal Tuberculosis Eradication Pr…
• Horner v. Jeffrey, 823 F.2d 1521 (Fed. Cir. 1987)
  …licy, procedure, and practice which are excluded under the first prong of the Chrysler test, it is extremely doubtful whether FPM provisions in general can achieve the status of law. See Rank v. Nimmo, 677 F. 2d 692, 698-99 (9th Cir.), cert. denied, 459 U.S. 907, 103 S.Ct. 210, 74 L.Ed.2d 168 (1982). Taking the inquiry a step further to look at the specific FPM Supplement provision in question here, it is beyond doubt that the provision could be at most an interpretive regulation since the OPM was not inst…
• Jimmie J. and Bonnie M. Ward v. Comm'r OF Internal Revenue Serv., 784 F.2d 1424 (9th Cir. 1986)
  …ent of section 1.612-3(b)(3) invalidates the amendment. We hold that the IRS had no duty to comply with section 601.601(d), because that regulation does not have the force and effect of law. In Rank v. Nimmo, 677 F. 2d 692 (9th Cir.), cert. denied, 459 U.S. 907, 103 S.Ct. 210, 74 L.Ed.2d 168 (1982), we established a two part test for determining whether a published rule has the force and effect of law. Id. at 698. A published rule has such effect if the rule (1) “prescribe[s] substantive rules — not inter…