# Lodge 1858, American Federation of Government Employees v. Thomas O. Paine, Administrator, National Aeronautics and Space Administration

> Court of Appeals for the D.C. Circuit · April 21, 1970 · 436 F.2d 882

URL: https://www.frixlaw.com/law-library/cases/9456411

## Case

- **Full name:** LODGE 1858, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, Et Al., Appellants, v. Thomas O. PAINE, Administrator, National Aeronautics and Space Administration, Et Al., Appellees
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** April 21, 1970
- **Citations:** 436 F.2d 882; 141 U.S. App. D.C. 152; 1970 U.S. App. LEXIS 9666
- **Precedential status:** Published
- **Opinion:** Concurrence by Tamm
- **Judges:** Tamm, Robinson
- **Cited by:** 50 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/9456411

## How later opinions describe it (automated extraction)

- explaining that the APA “provides for judicial review, not only of ‘agency action made reviewable by statute,’ but also of ‘final agency action for which there is no other adequate remedy in a court’” (emphasis added)

## Opinion text

TAMM, Circuit Judge
(concurring):
I concur in the result reached by Judge Robinson in his opinion in this case. I do not question that the authorities quoted in that opinion stand for exactly the principle for which they have been enumerated, but I do not believe that these lengthy data are necessary to support *899 the court’s action in this case. The teachings of Scanwell Laboratories, Inc. v. Shaffer, 137 U.S.App.D.C. 371 , 424 F.2d 859 (1970), Association of Data Processing Serv. Organizations v. Camp, 397 U.S. 150 , 90 S.Ct. 827 , 25 L.Ed.2d 184 (1970), and Barlow v. Collins, 397 U.S. 159 , 90 S.Ct. 832 , 25 L.Ed.2d 192 (1970) are that the only conditions necessary to establish standing are a showing of ag-grievement in fact, a prima facie showing of some administrative illegality, a case or controversy under Article III of the Constitution, and sufficient review of the relevant statutes to establish that there is no manifestation of a congressional intent that judicial review should be withheld. These criteria being met in the present case, I feel that the appellants have the necessary standing to maintain this action and that the case consequently must be remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9456411. Public record. Not legal advice.