# Germain School of Photography, Inc. v. United States

> United States Court of Claims · July 15, 1960 · 281 F.2d 452

URL: https://www.frixlaw.com/law-library/cases/9447491

## Case

- **Full name:** Germain School of Photography, Inc. v. United States
- **Court:** United States Court of Claims
- **Decided:** July 15, 1960
- **Citations:** 281 F.2d 452; 150 Ct. Cl. 841; 1960 U.S. Ct. Cl. LEXIS 139
- **Precedential status:** Published
- **Opinion:** Concurrence by Jones
- **Judges:** Durfee, Jones
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9447491

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447491. Public record. Not legal advice.