Opinion

Conoco, Inc. v. Skinner

  • 970 F.2d 1206
  • 1992 A.M.C. 2816
  • 1992 U.S. App. LEXIS 15988
Court
Court of Appeals for the Third Circuit
Filed
Jul 16, 1992
Status
Published
On the bench
Alito, Becker, Cowen, Garth, Greenberg, Hutchinson, Mansmann, Nygaard, Roth, Scirica, Sloviter, Stapleton
Cited by
26 cases

holding, in a different context, that “courts must discern the meaning of ‘notwithstanding’ from the legislative history, purpose, and structure of the entire statute”

How later courts described this case

  • holding, in a different context, that “courts must discern the meaning of ‘notwithstanding’ from the legislative history, purpose, and structure of the entire statute”
  • explaining that whether the term “shall” is construed as directory or mandatory is dependent on an examina tion of Congressional intent
  • noting that appellate jurisdiction over the entire matter would be proper as long as the court had exclusive jurisdiction over one of the challenged regulations, citing Suburban O’Hare Comm’n
  • affirming Hobbs Act dismissal of claims against Maritime Administration and Coast Guard, and taking jurisdiction only of claim against Maritime Administration which had also been raised in protective petition for review

Written by the judges who cited it.

The opinion

SUR PETITION FOR REHEARING

Aug. 18, 1992.

Before: SLOVITER, Chief Judge; BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, and GARTH * , Circuit Judges.

The petition for rehearing filed by petitioners/appellants having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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