green
Positive treatment
Quoted verbatim 4×
12.3 score
G Cite
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
Surina v. Buckalew
viewing the immunity grant in its proper perspective as a powerful executive implement, it must be recognized that prosecutorial agreement may effectively function, extra-statute, to confer immunity other than through a legislatively-authorized method.
examined
Cited as authority (quoted)
United States v. Federal Communications Commission
e think it odd that the department has not presented factual data to the commission which would allow it to assess the likely effect of its rules on various fields of competition. the department's arguments are basically speculative .
examined
Cited as authority (quoted)
United States v. Federal Communications Commission, Satellite Business Systems, Intervenor. American Satellite Corporation and Fairchild Industries, Inc. v. Federal Communications Commission, Satellite Business Systems, Intervenor. The Western Union Telegraph Company v. Federal Communications Commission, Satellite Business Systems, Intervenor. American Telephone and Telegraph Company v. Federal Communications Commission, Satellite Business Systems, Intervenor
(w)e think it odd that the department (of justice) has not presented factual data to the commission which would allow it to assess the likely effect of its rules on various fields of competition. the department's arguments are basically speculative .
discussed
Cited as authority (quoted)
United States v. Gerald N. Klauber
under no circumstances, however, may a federal court prescribe immunity on its own initiative. .
discussed
Cited "see"
At & T Communications of the Southwest, Inc. v. Southwestern Bell Telephone Co.
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 57 (D.C.Cir.) cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977) (decisionmakers should refuse to engage in ex parte communication with interested parties).
discussed
Cited "see"
National Wildlife Federation v. Adamkus
Navistar, 941 F.2d at 1359 ; see Home Box Office, Inc. v. FCC, 567 F.2d 9 , 35 n. 58 (D.C.Cir.1977) (an agency is required to address only “significant comments,” comments which “if true, raise points relevant to [its] decision”), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Town of Norwood, Massachusetts v. Federal Energy Regulatory Commission, New England Power Company, Intervenor
See Louisiana Ass’n of Independent Producers & Royalty Owners v. FERC, 958 F.2d 1101, 1113 (D.C.Cir.1992) (“Agency officials may meet with members of the industry ... to maintain the agency’s knowledge of the industry it regulates.... ‘[Sjueh informal contacts between agencies and the public are the “bread and butter” of the process of administration and are completely appropriate so long as they do not frustrate judicial review or raise serious questions of fairness.’”) (quoting Home Box Office, Inc. v. FCC, 567 F.2d 9, 47 (D.C.Cir.), cert denied, 434 U.S. 829 , 98 S.Ct. 111 ,…
discussed
Cited "see"
National Broiler Council v. Voss
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 57 (D.C.Cir.) (noting that "informal contacts between agencies and the public are the 'bread and butter’ of the process of administration”), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
National Broiler Council American Meat Institute Arkansas Poultry Federation, Inc. v. Henry J. Voss, Director, California Department of Food and Agriculture, National Broiler Council American Meat Institute Arkansas Poultry Federation, Inc. v. Henry J. Voss, Director, California Department of Food and Agriculture, and the California Poultry Industry Federation, Defendant-Intervenor-Appellant
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 57 (D.C.Cir.) (noting that "informal contacts between agencies and the public are the 'bread and butter' of the process of administration"), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Resolution Trust Corp. v. California
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 57 (D.C.Cir.) (noting that "informal contacts between agencies and the public are the 'bread and butter’ of the process of administration"), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
Securities & Exchange Commission v. Willis
See In re Daley, 549 F.2d 469, 478 (7th Cir.), cert. denied, Daley v. Attorney Registration & Disciplinary Comm’n of Supreme Court of Illinois, 434 U.S. 829 , 98 S.Ct. 110 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
Ripplinger v. Collins
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 43 , cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977); Cruz, 571 F.Supp. at 132 .
cited
Cited "see"
Ripplinger v. Collins
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 43 , cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977); Cruz, 571 F.Supp. at 132 .
discussed
Cited "see"
Cablevision Systems Development Company v. Motion Picture Association of America, Inc., U.S. Copyright Office and Its Register
See 17 U.S.C. § 803 (a). 8 .The legislative history does not make it absolutely clear whether Congress understood the term pay cable to encompass only individually priced non-broadcast stations — the usual content of the term, see Home Box Office, Inc. v. FCC, 567 F.2d 9 , 18 & n. 8 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct.
discussed
Cited "see"
Preferred Communications, Inc. v. City Of Los Angeles
(2×)
also: Cited "see, e.g."
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 46 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Preferred Communications, Inc. v. City of Los Angeles
(2×)
also: Cited "see, e.g."
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 46 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Walter O. Boswell Memorial Hospital v. Margaret M. Heckler, Secretary of Department of Health and Human Services Howard University Hospital v. Margaret M. Heckler, Secretary of Department of Health and Human Services Greater Southeast Community Hospital v. Margaret M. Heckler, Secretary of Department of Health and Human Services
(2×)
also: Cited "see, e.g."
We do expect that, if the judicial review which Congress has thought it important to provide is to be meaningful, the "concise general statement of * * * basis and purpose" mandated by [the APA] will enable us to see what major issues of policy were ventilated by the informal proceedings and why the agency reacted to them as it did. 16 Automotive Parts & Accessories Association v. Boyd, 407 F.2d 330, 338 (D.C.Cir.1968); see Home Box Office, Inc. v. FCC, 567 F.2d 9, 35-36 (D.C.Cir.) (per curiam), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977). 17 On its review of the full admi…
discussed
Cited "see"
Walter O. Boswell Memorial Hospital v. Heckler
(2×)
also: Cited "see, e.g."
Automotive Parts & Accessories Association v. Boyd, 407 F.2d 330, 338 (D.C.Cir.1968); see Home Box Office, Inc. v. FCC, 567 F.2d 9, 35-36 (D.C.Cir.) (per curiam), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
Stephen Thompson v. William P. Clark, Secretary of the Interior
See Home Box Office v. FCC, 567 F.2d 9, 35-36 (D.C.Cir.), cert, denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
St. James Hospital v. Heckler
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 35-36 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977), reh. denied, 434 U.S. 988 , 98 S.Ct. 621 , 54 L.Ed.2d 484 (1977).
cited
Cited "see"
South Carolina ex rel. Tindal v. Block
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 35 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
State of South Carolina v. Block
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 35 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Small Refiner Lead Phase-Down Task Force v. United States Environmental Protection Agency, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Exxon Corporation, Texas City Refining, Inc., Environmental Defense Fund, Texaco, Inc., Intervenors. Small Refiner Lead Phase-Down Task Force v. United States Environmental Protection Agency, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Exxon Corporation, Sun Refining and Marketing Company, Texas City Refining, Inc., Environmental Defense Fund, Texaco, Inc., Intervenors. Small Refiner Lead Phase-Down Task Force v. United States Environmental Protection Agency, Anne M. Gorsuch, Administrator, United States Environmental Protection Agency, Environmental Defense Fund, United Refining Company, Texaco, Inc., Exxon Corporation, Texas City Refining, Inc., Natural Resources Defense Council, Inc., Intervenors. Plateau, Inc. v. Anne M. Gorsuch, Administrator, United States Environmental Protection Agency and United States Environmental Protection Agency, Simmons Oil Company v. Anne M. Gorsuch, Administrator, United States Environmental Protection Agency and United States Environmental Protection Agency
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 36 (D.C.Cir.) (agency must "make its views known to the public in a concrete and focused form so as to make criticism or formulation of alternatives possible"), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
cited
Cited "see"
Athens Community Hospital v. Heckler
See Home Box Office, Inc. v. Federal Communications Commission, 567 F.2d 9, 35 (D.C.Cir.1977), ce rt. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Small Refiner Lead Phase-Down Task Force v. United States Environmental Protection Agency
See Home Box Office, Inc. v. FCC, 567 F.2d 9, 36 (D.C.Cir.) (agency must “make its views known to the public in a concrete and focused form so as to make criticism or formulation of alternatives possible”), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Itt World Communications, Inc. v. Federal Communications Commission and United States of America, Southern Pacific Communications Company, Rca Global Communications, Inc., Intervenors. Itt World Communications, Inc. v. Federal Communications Commission, Itt World Communications, Inc. v. Federal Communications Commission
See generally Home Box Office, Inc. v. FCC, 567 F.2d 9, 34-36 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977); Portland Cement Ass'n v. Ruckelshaus, 486 F.2d 375, 392-94 (D.C.Cir.1973), cert. denied, 417 U.S. 921 , 94 S.Ct. 2628 , 41 L.Ed.2d 226 (1974) 184 WWHT, Inc. v. FCC, 656 F.2d 807 , 818 (D.C.Cir.1981) 185 See, e.g., id. at 819-20 (denial of rulemaking petition re regulation of local subscription television stations); Natural Resources Defense Council, Inc. v. SEC, supra note 67, 606 F.2d at 1046, 1049, 1053 (same re corporate disclosure of environmental and …
cited
Cited "see"
Community Television of Utah, Inc. v. Roy City
See, Home Box Office, Inc. v. F.C.C., 567 F.2d 9 (D.C.Cir.1977), cert. denied 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977). 19 .
discussed
Cited "see"
National Cable Television Association v. Copyright Royalty Tribunal, American Society of Composers, Intervenors. American Society of Composers, Authors and Publishers v. Copyright Royalty Tribunal, National Cable Television Association
See generally Home Box Office, Inc. v. FCC, 567 F.2d 9 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977) 13 A cable system retransmits signals from a distant community when the system is located outside of the local service area of the FCC-licensed television station in that community.
cited
Cited "see"
National Cable Television Ass'n v. Copyright Royalty Tribunal
See generally Home Box Office, Inc. v. FCC, 567 F.2d 9 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977). .
discussed
Cited "see"
Independent v. Lewis
See 5 U.S.C. § 554 (1976) 64 5 U.S.C. § 706 (2)(A) 65 Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 415 , 91 S.Ct. 814, 823 , 28 L.Ed.2d 136 (1971) 66 Id. at 416 , 91 S.Ct. at 823 67 Home Box Office, Inc. v. FCC, 185 D.C.App. 142, 567 F.2d 9, 35 (per curiam), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977), quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 , 83 S.Ct. 239, 245 , 9 L.Ed.2d 207 (1962) 68 5 U.S.C. § 706 (2)(D); Overton Park, 401 U.S. at 417 , 91 S.Ct. at 824 69 K.
discussed
Cited "see"
State Farm Mutual Automobile Insurance v. Department of Transportation
The court must also assure itself that rescission is “based on consideration of the relevant factors,” FCC v. National Citizens Comm. for Broadcasting, 436 U.S. 775, 802-03 , 98 S.Ct. 2096, 2115-2116 , 56 L.Ed.2d 697 (1978); see Home Box Office, Inc. v. FCC, 567 F.2d 9, 36 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977), and determine that NHTSA made “a considered evaluation of the presently available alternatives.” Pillai v. CAB, 485 F.2d 1018, 1029 (D.C.Cir.1973).
discussed
Cited "see"
State Farm Mutual Automobile Insurance Co., Kent Mason, Patricia Warren and Leorlin Boyd v. Department of Transportation, Drew Lewis, as Secretary, National Highway Traffic Safety Administration, and Raymond A. Peck, Jr., as Administrator, Superintendent of Insurance of the State of New York, Automobile Importers of America, Inc., Motor Vehicle Manufacturers Association, Consumer Alert and Pacific Legal Foundation, Intervenors. National Association of Independent Insurers, Automobile Owners Action Council, and Eugene J. Meyung v. National Highway Traffic Safety Administration, Automobile Importers of America, Inc., Consumer Alert and Pacific Legal Foundation, Motor Vehicle Manufacturers Association, Superintendent of Insurance of the State of New York, Intervenors
The court must also assure itself that rescission is "based on consideration of the relevant factors," FCC v. National Citizens Comm. for Broadcasting, 436 U.S. 775, 802-03 , 98 S.Ct. 2096, 2115-2116 , 56 L.Ed.2d 697 (1978); see Home Box Office, Inc. v. FCC, 567 F.2d 9, 36 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977), and determine that NHTSA made "a considered evaluation of the presently available alternatives." Pillai v. CAB, 485 F.2d 1018, 1029 (D.C.Cir.1973).
discussed
Cited "see"
National Stabilization Agreement of the Sheet Metal Industry Trust Fund v. Commercial Roofing & Sheet Metal
See Quad City Builders Ass’n v. Tri City Bricklayers Union No. 7, 431 F.2d 999 (8th Cir. 1970), discussed at p. 1227 of text infra, and Costello v. Lipsitz, 547 F.2d 1267 , 1278 n.38 (5th Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 109 , 54 L.Ed.2d 88 (1977), in which the court, after declaring that the trust structure violated the equal representation standard of section 302(c)(5), carefully noted: Simply because we find that § 10 of the Trust Agreement violates § 302(c)(5)(B), this does not and is not to be construed as a determination that the entire Trust Agreement and Trust Fund stru…
cited
Cited "see"
United States v. Robert E. Jones
See for example, In re Daley, 549 F.2d 469 (7th Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 110 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
Howard Mullins and United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Consolidation Coal Co., Intervenor
See Action for Children’s Television, Inc. v. FCC, 183 U.S.App.D.C. 437, 453 , 564 F.2d 458, 474 (1977), and Hercules, Inc. v. EPA, 194 U.S.App.D.C. 172, 207-208 , 598 F.2d 91 , 126-127 (1978) refusing automatic application of legal rules newly laid down in Home Box Office, Inc. v. FCC, 185 U.S.App.D.C. 142, 190 , 567 F.2d 9, 57 , cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977), to cases pending when Home Box Office was decided. .
cited
Cited "see"
Midland Telecasting Company v. Midessa Television Company, Inc.
See Home Box Office v. FCC, 567 F.2d 9 (D.C.Cir. 1977), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see"
The Diplomat Lakewood Incorporated, an Ohio Corporation v. Patricia Roberts Harris, Secretary, U. S. Department of Health, Education and Welfare
See Home Box Office, Inc. v. FCC, 185 U.S.App.D.C. 142, 167-169 , 567 F.2d 9, 34-36 , cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977); Nat’l Ass’n of Food Chains, Inc. v. ICC, 175 U.S.App.D.C. 346, 356 , *1019 535 F.2d 1308, 1318 (1976). 20 Our “sole concern” in the Food Chains case, as it is here, was whether the agency gave “reasoned consideration to the problem and . presented a rational basis for its decision.” 175 U.S.App.D.C. at 354 , 535 F.2d at 1316 .
discussed
Cited "see"
WNCN Listeners Guild v. Federal Communications Commission
See Home Box Office, Inc. v. FCC, 185 U.S.App.D.C. 142, 165 , 567 F.2d 9, 32 (1977), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977) (Policy Statement constitutes “request to this court to reconsider its position in WEFM.") .
discussed
Cited "see"
Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Behnke
See In re Daley, 549 F.2d 469 , 474-77 & n.6 (7th Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 110 , 54 L.Ed.2d 89 (1977); In re Abrams, 521 F.2d 1094, 1099-100 (3d Cir. 1975), cert. denied, 423 U.S. 1038 , 96 S.Ct. 574 , 46 L.Ed.2d 413 (1975); Polk v. State Bar, 480 F.2d 998, 1001-02 (5th Cir. 1973); Echeles, 430 F.2d at 349-50 ; Mildner v. Gulotta, 405 F.Supp. at 191 ; In re Bogart, 386 F.Supp. 126, 131 (S.D.N.Y.1974).
cited
Cited "see"
Halpert v. Wertheim & Co., Inc.
See EEOC v. Kallir, Phillips, Ross, Inc., 401 F.Supp. 66 , 70 n. 6 (S.D.N.Y.1975), aff’d, 559 F.2d 1203 (2d Cir.) cert, denied, 434 U.S. 829 , 98 S.Ct. 395 , 54 L.Ed.2d 277 (1977).
discussed
Cited "see"
Braniff Airways, Inc., a Corporation v. Civil Aeronautics Board, , American Airlines, Inc., Intervenor. Continental Air Lines, Inc. v. Civil Aeronautics Board, American Airlines, Inc., United States of America, Delta Air Lines, Inc., City of Kansas City, Missouri and Chamber of Commerce of Greater Kansas City, Intervenors. Allegheny Airlines, Inc. v. Civil Aeronautics Board, American Airlines, Inc. And Delta Air Lines, Inc., Intervenors. Trans World Airlines, Inc. v. Civil Aeronautics Board, American Airlines, Inc., Delta Air Lines, Inc. And City of Kansas City, Missouri, Intervenors. Ozark Air Lines, Inc., a Corporation v. Civil Aeronautics Board, Delta Air Lines, Inc. And American Airlines, Inc., Intervenors
Departments and agencies outside of the Executive Office of the President which regularly make recommendations to the President in connection with the Presidential review pursuant to section 801 shall . . . (a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and (b) prescribe such other procedures governing oral and written communications as they deem appropriate. 3 C.F.R. 121, 123 …
discussed
Cited "see"
Braniff Airways, Inc. v. Civil Aeronautics Board
Departments and agencies outside of the Executive Office of the President which regularly make recommendations to the President in connection with the Presidential review pursuant to section 801 shall (a) establish public dockets for all written communications (other than those requiring confidential treatment for defense or foreign policy reasons) between their officers and employees and private parties in connection with the preparation of such recommendations; and (b) prescribe such other procedures governing oral and written communications as they deem appropriate. 3 C.F.R. 121, 123 (1977)…
cited
Cited "see"
Glover Construction Co. v. Andrus
See In re Daley, 549 F.2d 469 , 480 n. 11 (7th Cir. 1977), cert. denied, 434 U.S. 829 , 98 S.Ct. 110 , 54 L.Ed.2d 89 (1978).
discussed
Cited "see, e.g."
United States v. Santtini
See United States v. Capozzi, 883 F.2d 608, 614 (8th Cir.1989) (“we decline to follow Smith and reassert our doubt that the court has the power to order such a grant of judicial immunity"), cert. denied, 495 U.S. 918 , 110 S.Ct. 1947 , 109 L.Ed.2d 310 (1990); United States v. Pennell, 737 F.2d 521, 527 (6th Cir.1984) (“while the Third Circuit’s desire to insure that criminal defendants will have every opportunity to present exculpatory evidence is admirable, the federal courts simply lack the power to effectuate that aim by immunizing witnesses"), cert. denied, 469 U.S. 1158 , 105 S.Ct. …
discussed
Cited "see, e.g."
United States of America, No. 92-5105 v. Paulo Santtini, A/K/A Carlos Garcia, Gonzalo Higera Pena, Harold Holquin, Jaime Arenas. United States of America, No. 92-5106 v. Paulo Santtini, Gonzalo Higera Pena, Harold Holquin, Jaime Arenas, the Honorable Dickinson R. Debevoise, Nominal
See United States v. Capozzi, 883 F.2d 608, 614 (8th Cir.1989) ("we decline to follow Smith and reassert our doubt that the court has the power to order such a grant of judicial immunity"), cert. denied, 495 U.S. 918 , 110 S.Ct. 1947 , 109 L.Ed.2d 310 (1990); United States v. Pennell, 737 F.2d 521, 527 (6th Cir.1984) ("while the Third Circuit's desire to insure that criminal defendants will have every opportunity to present exculpatory evidence is admirable, the federal courts simply lack the power to effectuate that aim by immunizing witnesses"), cert. denied, 469 U.S. 1158 , 105 S.Ct. 906 , …
discussed
Cited "see, e.g."
Northside Sanitary Landfill, Inc. v. Lee M. Thomas, Administrator U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency
It is certainly incumbent upon the EPA under 5 U.S.C. § 553 (c) to “respond[ ] in a reasoned manner to significant comments received.” United States Satellite Broadcasting Co., Inc. v. FCC, 740 F.2d 1177, 1188 (D.C.Cir.1984); see also, e.g., Home Box Office, Inc. v. FCC, 567 F.2d 9 , 35-36 & n. 58 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see, e.g."
In Re Grand Jury Proceedings
See, e.g., In re Daley, 549 F.2d 469, 476 (7th Cir.) (fifth amendment does not forbid the introduction of immunized testimony in state bar disciplinary proceedings), cert. denied, 434 U.S. 829 , 98 S.Ct. 110 , 54 L.Ed.2d 89 (1977).
discussed
Cited "see, e.g."
Century Communications Corporation v. Federal Communications Commission and United States of America, Association of Independent Television Stations, Inc., Spanish International Communications Corp., Univision, Inc., the National Association of Broadcasters, Lincoln Broadcasting Co., National Cable Television Association, Office of Communication of the United Church of Christ, Corporation for Public Broadcasting, National Association of Public Television, Public Broadcasting Service, National Broadcasting Co., Inc., Spanish International Communications Corp., Intervenors. Richard S. Leghorn v. Federal Communications Commission and United States of America, Corporation for Public Broadcasting, Intervenors. Hubbard Broadcasting, Inc. v. Federal Communications Commission and United States of America, Corporation for Public Broadcasting, Intervenors
See, e.g., Home Box Office, Inc. v. FCC, 567 F.2d 9, 50 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977) (requiring agencies to present "a record that convincingly shows a problem to exist" in order to satisfy the "substantial interest" prong of the O'Brien test); see also Quincy Cable TV, 768 F.2d at 1455 n. 44 (noting Supreme Court cases requiring "more than an unsubstantiated assertion of the importance of the governmental interest").
discussed
Cited "see, e.g."
Century Communications Corp. v. Federal Communications Commission
See, e.g., Home Box Office, Inc. v. FCC, 567 F.2d 9, 50 (D.C.Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 111 , 54 L.Ed.2d 89 (1977) (requiring agencies to present “a record that convincingly shows a problem to exist” in order to satisfy the “substantial interest” prong of the O’Brien test); see also Quincy Cable TV, 768 F.2d at 1455 n. 44 (noting Supreme Court cases requiring “more than an unsubstantiated assertion of the importance of the governmental interest”).
discussed
Cited "see, e.g."
Anderson v. Bank of South, N.A.
(CCH) ¶ 92,526; Gibb v. Delta Drilling Co., 104 F.R.D. 59, 67-69 (N.D.Tx.1984) (pleading of Shores version insufficient); Masri v. Wakefield, 106 F.R.D. 322, 324-25 (D.Colo.1984); Greenwald v. Integrated Energy, Inc., 102 F.R.D. 65, 69-71 (S.D.Tx.1984); see also Arthur Young & Co. v. United States District Court, 549 F.2d 686 (9th Cir.), cert. denied, 434 U.S. 829 , 98 S.Ct. 109 , 54 L.Ed.2d 88 (1977); Shores v. Sklar, 1986 Fed.Sec.L.Rep.
Retrieving the full opinion text from the archive…
Stern
v.
United States
v.
United States
No. 76-1708.
Supreme Court of the United States.
Oct 3, 1977.
Published
C. A. 6th Cir. Certiorari denied.