Opinion

Germain School of Photography, Inc. v. United States

  • 281 F.2d 452
  • 150 Ct. Cl. 841
  • 1960 U.S. Ct. Cl. LEXIS 139
Court
United States Court of Claims
Filed
Jul 15, 1960
Status
Published
Author
Jones
On the bench
Durfee, Jones
Cited by
2 cases

The opinion

JONES, Chief Judge

(concurring in part).

I believe the plaintiff’s petition should be dismissed. I do not believe the facts in this case justify a finding that the action of the Veterans’ Appeals Board was either arbitrary or capricious or not supported by substantial evidence.

As we stated in the case of Hemphill Schools, Inc. v. United States, decided July 13, 1959:

“we are neither authorized nor disposed to substitute our judgment for that of the experienced administrative agency, unless some of the ex-

*457 ceptions [mentioned in the opinion] * * * are found to be present.”

I would also dismiss the defendant’s counterclaim. The granting of defendant’s counterclaim is directly contrary to the finding of the Veterans’ Appeals Board. In the light of the facts of this case, I do not think we are justified in setting aside the findings of that authorized agency.

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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