ZAVALA-SERRA

v.

UNITED STATES

Citator

Cited By

• Cities OF Anaheim v. Fed. Energy Regulatory Comm'n, 941 F.2d 1234 (D.C. Cir. 1991)
  …ed their submission as a motion to reopen the record. We have held that “[t]he Commission should address even improperly styled motions to supplement the record under relevant criteria.” Cooley v. FERC, 843 F. 2d 1464, 1473 (D.C.Cir.), cert. denied, 488 U.S. 933, 109 S.Ct. 327, 102 L.Ed.2d 344 (1988). But in Cooley we also stated that “at some point an agency must be able to say, ‘Enough is enough,’ ” and thus “[w]e normally reverse an agency’s decision not to reopen the record only for an abuse of discreti…
• Sohappy v. Hodel, 911 F.2d 1312 (9th Cir. 1990)
  …ram in the past does not diminish an agency’s current regulatory authority. See United States v. Morton Salt Co., 338 U.S. 632, 647-48, 70 S.Ct. 357, 366-67, 94 L.Ed. 401 (1950); Cooley v. F.E.R.C., 843 F. 2d 1464, 1470 (D.C.Cir.1988), cert. denied, 488 U.S. 933, 109 5.Ct. 327, 102 L.Ed.2d 344 (1988) (“even a prolonged failure to assert an agency power does not destroy it”). In determining the degree of deference owed an agency’s current interpretation of a statute or treaty, the proper question is whethe…
• Dakota Indus., Inc. v. Dakota Sportswear, Inc., 988 F.2d 61 (8th Cir. 1993)
  …ff its goods as those of the trademark holder; (5) the incidents of actual confusion; and (6) the degree of care likely to be exercised by potential customers.2 Id.; Mutual of Omaha Ins. Co. v. Novak, 836 F. 2d 397, 399 (8th Cir.1987), cert. denied, 488 U.S. 933, 109 S.Ct. 326, 102 L.Ed.2d 344 (1988). The district court correctly analyzed the case under the factors set forth in SquirtCo. If we were merely reviewing the district court’s application of the SquirtCo factors, we would have no grounds for rever…