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Consolo Vs. Fmc
Cites for this judgment
- US Supreme Court
- Mar 22, 1966
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U.S. 607 (1966) U.S. Supreme Court Consolo v. FMCSearch
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U.S. 607 (1966) Consolo v. FederalSearch
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or in part, since the adequacy of a reparation award cannot be challenged in an enforcement proceeding, United States v. InterstateSearch
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and the amount of reparations, whether considered as a consolidated appeal or as an intervenor's cross-claim. ICC v. AtlanticSearch
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denying a shipper's reparation claim is subject to direct review at the instance of the shipper, United States v. InterstateSearch
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order would be wholly unreviewable unless the shipper is permitted to bring an appeal. See Rochester Tel. Corp. v. UnitedSearch
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States, 307 U. S. 125 . Likewise, in D. L. Piazza Co. v. WestSearch
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U.S. 839, the Court of Appeals for the Second Circuit was of the opinion that the principles of United States v. InterstateSearch
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to consider Consolo's appeal. As for Flota's appeal, much of what we have said in Interstate Commerce Comm'n v. AtlanticSearch
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by preventing the carrier from emasculating the enforcement action that we concluded in Interstate Commerce Comm'n v. AtlanticSearch
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Cf. United States v. InterstateSearch
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Consolidated Edison Co. of New York v. LaborSearch
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Labor Board v. ColumbianSearch
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evidence does not prevent an administrative agency's finding from being supported by substantial evidence. Labor Board v. NevadaSearch
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Keele Hair & Scalp Specialists, Inc. v. FTCSearch
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in light of the standard of review established by the Administrative Procedure Act. Universal Camera Corp. v. LaborSearch
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Labor Board v. WaltonSearch
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standard is not hard to apply in this instance, we think this controversy had better terminate now. See O'Leary v. Brown-Pacific-MaxonSearch
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Consolo v. GraceSearch
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Line, supra, and Banana Distributors, Inc. v. GraceSearch
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the law that a litigant is absolved from liability for that time during which his litigation is pending. Labor Board v. ElectricSearch
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Louisville & Nashville R. Co. v. Sloss-SheffieldSearch
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denied shipping space. Such a loss is real, and it is certainly compensable under the Shipping Act. See McLean & Co. v. DenverSearch
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Roberto Hernandez, Inc. v. ArnoldSearch
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Schiffahrtsgesellschaft, M.B.H., 116 F.2d 849, cert. denied sub nom. Compania Espanola de Navegacion Maritima, S.A. v. RobertoSearch
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Philip R. Consolo v. GraceSearch
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Banana Distributors, Inc. v. GraceSearch
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only under terms of common carriage. This decision was reversed and remanded by the Second Circuit, Grace Line, Inc. v. FederalSearch
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Much of what we said in Interstate Commerce Comm'n v. AtlanticSearch
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of judicial economy and fairness to all the parties lie behind the doctrine of ancillary jurisdiction, Moore v. NewSearch
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Siler v. LouisvilleSearch
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See our discussion of the defenses available to a carrier in an enforcement action at Interstate Commerce Comm'n v. AtlanticSearch
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et seq., and a long line of Supreme Court decisions, clearly indicate. See, e.g., Universal Camera Corp. v. NationalSearch
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United States v. CarolinaSearch
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See United States v. CarloSearch
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Morrison-Knudsen Co. v. O'LearySearch
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considered as a whole had been applied by some reviewing courts even before Congress acted. See Universal Camera Corp. v. LaborSearch
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See Federal Trade Comm'n v. MarySearch
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Labor Board v. SouthlandSearch
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Far East Conference v. UnitedSearch
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United States Navigation Co., Inc. v. CunardSearch
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See Labor Board v. Seven-UpSearch
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Securities & Exchange Comm'n v. ChenerySearch
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Phelps Dodge Corp v. LaborSearch
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Board, 313 U. S. 177 . See also Federal Security Administrator v. QuakerSearch
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See Grace Line, Inc. v. SkipsSearch
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S Viking Line, 7 F.M.C. 432. See also Johnston Seed Co. v. UnitedSearch
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Boston Wool Trade Assn. v. DirectorSearch
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practices by the carriers to be unreasonable only prospectively. See also Delaware, Lackawanna & Western Coal Co. v. DelawareSearch
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upon an agency declaration, later reversed, that specifically authorized particular behavior. See Arizona Grocery Co. v. AtchisonSearch
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