NEWAK

v.

UNITED STATES

Citator

Cited By

• TUG Allie-B, Inc. v. United States, 273 F.3d 936 (11th Cir. 2001)
  …anguage.”) (citations and internal quotations omitted); First United Methodist Church v. United States Gypsum Co., 882 F. 2d 862, 869 (4th Cir.1989) (stating that common sense is the “most fundamental guide to statutory construction”), cert. denied, 493 U.S. 1070, 110 S.Ct. 1113, 107 L.Ed.2d 1020 (1990). See also Justice Frankfurter, Some Reflections on the Reading of Statutes, 47 Colum. L.Rev. 527, 535 (1947) (stating that “Ij’ludges must not read [meaning] out [of a statute] except to avoid patent nonsen…
• Anton K.M. Dababneh v. Fed. Deposit Ins. Corp., 971 F.2d 428 (10th Cir. 1992)
  …a national bank is declared insolvent and goes into the hands of a receiver, federal law governs the distribution of the bank’s assets.” Downriver Community Federal Credit Union v. Penn Square Bank, 879 F. 2d 754, 759 (10th Cir.1989), cert. denied, 493 U.S. 1070, 110 S.Ct. 1112, 107 L.Ed.2d 1019 (1990). A. Before continuing, however, we are presented with the question of what federal law to apply. On August 9,1989, during the pendency of this appeal, Congress amended the National Bank Act by adopting the…
• Sen. Arlen Specter v. Garrett, 971 F.2d 936 (3d Cir. 1992)
  …hat a reviewing court could not conduct a meaningful review. See Davis Enter. v. United States Envtl. Protection Agency, 877 F. 2d 1181, 1185 (3d Cir.1989) (presumption of reviewability exists in cases interpreting § 701(a)(2) of APA), cert, denied, 493 U.S. 1070, 110 S.Ct. 1113, 107 L.Ed.2d 1020 (1990). The availability of judicial review under the APA is thus a matter of congressional intent7 and we must address the reviewa-bility of each of the issues raised by plaintiffs with that fact in mind. Before t…