green
Positive treatment
Quoted verbatim 1×
4.6 score
“the administrative agency's own label is indicative but not dispositive; we do not classify a rule as interpretive just because the agency says it is.”
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968
1997
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Richard A. Batterton, Secretary of Employment & Social Services of the State of Maryland v. F. Ray Marshall, Secretary of Labor
the administrative agency's own label is indicative but not dispositive; we do not classify a rule as interpretive just because the agency says it is.
cited
Cited as authority (rule)
Air Transport Association Of America, Petitioner v. Department Of Transportation
Id. at 95-96.
cited
Cited as authority (rule)
Air Transport Ass'n of America v. Department of Transportation
Id. at 95-96.
discussed
Cited "see"
Stoddard Lumber Co. v. Marshall
See National Motor Freight Traffic Ass’n v. United States, 268 F.Supp. 90 (D.D.C. 1967), aff’d 393 U.S. 18 , 89 S.Ct. 49 , 21 L.Ed.2d 19 (1968); Pharmaceutical Manufacturers Ass’n v. Finch, 307 F.Supp. 858 (D.Del. 1970); Davis, § 7:17.
discussed
Cited "see"
8 O.S.H. Cas.(bna) 2055, 1980 O.S.H.D. (Cch) P 24,790 in the Matter of Establishment Inspection of Stoddard Lumber Company, Inc., 1/4 Mile South of City of Yellowstone Highway, St. Anthony, Idaho, Petitioner v. Ray Marshall, Secretary of Labor, U.S. Department of Labor, Respondent
See National Motor Freight Traffic Ass'n v. United States, 268 F.Supp. 90 (D.D.C. 1967), aff'd 393 U.S. 18 , 89 S.Ct. 49 , 21 L.Ed.2d 19 (1968); Pharmaceutical Manufacturers Ass'n v. Finch, 307 F.Supp. 858 (D.Del. 1970); Davis, § 7:17.
cited
Cited "see"
Laketon Asphalt Refining, Inc. v. United States Department of the Interior and Cecil Andrus, Secretary of the United States Department of the Interior
See Nat’l Motor Freight Traffic Ass'n v. U. S., 268 F.Supp. 90 (D.D.C.1967), affd per curiam, 393 U.S. 18 , 89 S.Ct. 49 , 21 L.Ed.2d 19 (1968).
discussed
Cited "see, e.g."
National Retired Teachers Ass'n v. United States Postal Service
Thus, as a general rule, thirty days notice for solicitation of comments must precede all substantive, or leg,islative, rules and those interpretive rules which both constitute a change in prior agency position and have a “substantial impact on private rights and obligations.” 32 See 5 U.S.C. § 553 (b)(A); see also National Motor Freight Traffic Association, Inc. v. United States, 268 F.Supp. 90 (D.D.C.1967) *148 (three-judge court), affirmed, 393 U.S. 18 , 89 S.Ct. 49 , 21 L.Ed.2d 19 (1968); Noel v. Chapman, 508 F.2d 1023 (2d Cir.) cert. den., 423 U.S. 824 , 96 S.Ct. 37 , 46 L.Ed.2d 40 (…
cited
Cited "see, e.g."
National Restaurant Ass'n v. Simon
Compare, National Motor Freight Traffic Ass’n. v. United States, 268 F.Supp. 90 (D.D.C., 1967), aff’d per curiam 393 U.S. 18 , 89 S.Ct. 49 , 21 L.Ed.2d 19 (1968).
Retrieving the full opinion text from the archive…
BLABON
v.
NELSON, WARDEN
v.
NELSON, WARDEN
No. 3.
Supreme Court of the United States.
Oct 14, 1968.
Thomas C. Lynch, Attorney General of California, and Edward P. O’Brien and Deraid E. Oranberg, Deputy Attorneys General, for respondent.
Cited by 1 opinion | Published
Citer courts: D.C. Circuit (1)
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeals for further consideration in the light of In re Bevill, 68 Cal. 2d 854, 442 P. 2d 679.