Opinion

Davis & Randall, Inc. v. United States

  • 219 F. Supp. 673
  • 1963 U.S. Dist. LEXIS 7956
Court
District Court, W.D. New York
Filed
Jun 28, 1963
Status
Published
Author
Burke
On the bench
Friendly, Burke, Western, York, Henderson
Cited by
8 cases
Authority
More cited than 7.0%

The opinion

BURKE, Chief Judge (concurring).

I would enjoin enforcement of the Commission’s order on the ground that Davis and Randall, Inc., was deprived of an adequate hearing by the failure of the Commission to afford it an opportunity to meet evidence outside the record. Interstate Commerce Commission v. Louisville and Nashville R. R. Co., 227 U.S. 88 , 33 S.Ct. 185 , 57 L.Ed. 431 . Morgan v. United States, 298 U.S. 468 , 56 S.Ct. 906 , 80 L.Ed. 1288 . I concur in the conclusion reached by Judges FRIENDLY and HENDERSON.

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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