DASILVA ET AL.
v.
UNITED STATES

U.S. | 1990-04-23
No. 89-1084
Justice White and Justice Black-mun would grant certiorari.
495 U.S. 910 Supreme Court of the United States (1990) Positive Treatment
Cited by 3 cases

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  • Fla. Manufactured Hous. Ass'n, Inc. v. Cisneros, 53 F.3d 1565 (11th Cir. 1995)
    …period under the APA. See, e.g., Association of American R.R.s v. Department of Transp., 38 F. 3d 582, 588 (D.C.Cir.1994); Northwest Tissue Ctr., 1 F. 3d at 528 & n. 7; Chemical Mfrs. Ass’n v. ERA, 870 F. 2d 177, 200-03 (5th Cir.1989), cert. denied, 495 U.S. 910, 110 S.Ct. 1936, 109 L.Ed.2d 299 (1990). This case presents a question involving a consultation requirement instead of the APA’s notice and comment procedures, but we believe that the logical outgrowth test provides a helpful analogy for analyzing…
  • City of Edmond v. Robinson, 517 U.S. 1201 (U.S. 1996)
    …2 (1995) (quoting FW/PBS, Inc. v. Dallas, 493 U. S. 215, 230-231 (1990)) (citation omitted). The Court of Appeals noted respondents had standing under its decision in Foremaster v. City of St. George, 882 F. 2d 1485, 1490 (CA10 1989), cert. denied, 495 U. S. 910 (1990). 68 F. 3d, at 1229, n. 6. In Foremaster, the Court of Appeals inquired whether a plaintiff challenging a city logo containing a depiction of the local Mormon temple alleged a direct injury when he alleged that he was “confronted by the logo o…
  • Collins v. Romer, 962 F.2d 1508 (10th Cir. 1992)
    …aintiffs’ condition and that the defendants’ conduct in making such a change was required by law. Nadeau, 581 F. 2d at 281. The Nadeau test was adopted by this Court in Foremaster v. City of St. George, 882 F. 2d 1485 (10th Cir.1989), cert. denied, 495 U.S. 910, 110 S.Ct. 1937, 109 L.Ed.2d 300 (1990). This Circuit agreed with the First Circuit that in the absence of a judicial determination on the merits, a plaintiff may prevail for attorneys fee purposes if he can meet the catalyst test and show “(1) that…

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