U.S. Code
»
Title 7
» Chapter CHAPTER 35— AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part C— Administrative Provisions › Subpart subpart i— publication and review of quotas
The review by the court shall be limited to questions of law, and the findings of fact by the review committee, if supported by evidence shall be conclusive. If application is made to the court for leave to adduce additional evidence, and it is shown to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the review committee, the court may direct such additional evidence to be taken before the review committee in such manner and upon such terms and conditions as to the court may seem proper. The review committee may modify its findings of fact or its determination by reason of the additional evidence so taken, and it shall file with the court such modified findings or determination, which findings of fact shall be conclusive. The court shall hear and determine the case upon the original record of the hearing before the review committee, and upon such record as supplemented if supplemented, by further hearing before the review committee pursuant to direction of the court. The court shall affirm the review committee’s determination, or modified determination, if the court determines that the same is in accordance with law. If the court determines that such determination or modified determination is not in accordance with law, the court shall remand the proceeding to the review committee with direction either to make such determination as the court shall determine to be in accordance with law or to take such further proceedings as, in the court’s opinion, the law requires.
Notes of Decisions
Smith Land Co. v. Christensen, 148 F.2d 184 (10th Cir. 1945).
· cites it 2× “And section 366, 7 U.S.C.A. § 1366 , provides that the review shall be limited to questions of law; that the findings of fact by the review committee shall be conclusive, if supported by substantial evidence; that the case shall be heard and determined upon the record of the…”
Schild v. Busch, 293 F. Supp. 1353 (S.D. Tex. 1968).
· cites it 3× “7 U.S.C. § 1366 . The sole issue for decision is whether volunteer acreage is additional acreage under the Act and the regulations.”
Moe v. Wesen, 172 F. Supp. 259 (D. Mont. 1959).
· cites it 2× “7 U.S.C.A. § 1366 provides that the review by the court is limited to questions of law and that findings of fact by the review committee, if supported by evidence, are conclusive.”
Hart v. Hassell, 250 F. Supp. 893 (E.D.N.C. 1966).
· cites it 2× “” 7 U.S.C.A. § 1366 . If the findings of fact are supported by the evidence, and the proper law has been applied thereto, this court is without authority to upset the determination of the administrative agency.”
Hollstein v. Nebraska State Mktg. Quota Review Comm., 179 F. Supp. 657 (D. Neb. 1959).
· cites it 2× “In the answers in both cases, the defendants requested that the proceedings be remanded to the review committee for further proceedings, pursuant to 7 U.S. C.A. § 1366, to receive further evidence and make further findings of fact and conclusions.”
Lee v. Roseberry, 94 F. Supp. 324 (E.D. Ky. 1950).
“In addition to seeking a court review of the validity of the allotment, as provided by § 366 of the Act, 7 U.S.C.A. § 1366 , the plaintiff asked for a declaratory judgment determining her rights as provided by Title 28 U.”
Luke v. Review Comm., 155 F. Supp. 719 (W.D. La. 1957).
“§ 1365 , for the purpose of obtaining a judicial review of the Review Committee’s action. This is a special statutory proceeding in which jurisdiction extends only to review the action of the Committee and the court is limited in its scope of inquiry to’ questions of law and is…”
United States v. C. E. Sykes, 310 F.2d 417 (5th Cir. 1962).
“7 U.S.C.A. § 1366 . 11 . This is the section which provides for the review of the original county committee’s determination.”
Dighton v. Coffman, 178 F. Supp. 114 (E.D. Ill. 1959).
“Title 7 U.S.C.A. § 1366 expressly states “the review by the court shall be limited to questions of law, and findings of fact by the review committee, if supported by evidence, shall be conclusive.”
Crolley v. Tatton, 249 F.2d 908 (5th Cir. 1957).
· cites it 2× “7 U.S.C.A. § 1366 . 4 Appellee insists that the district court *912 simply remanded the proceeding “with * * * direction to make such determination as the court shall determine to be in accordance with law” as authorized by that section.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.