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Abbott Laboratories Vs. Gardner

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  • US Supreme Court
  • May 22, 1967

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65 entries 7 linked 58 unlinked
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  1. Heikkila Vs. Barber US Supreme Court · Mar 16, 1953
  2. Harmon Vs. Brucker US Supreme Court · Mar 03, 1958
  3. Leedom Vs. Kyne US Supreme Court · Dec 15, 1958
  4. Rusk Vs. Cort US Supreme Court · Apr 02, 1962
  5. Stark Vs. Wickard US Supreme Court · Feb 28, 1944
  6. Shaughnessy Vs. Pedreiro US Supreme Court · Mar 31, 1955
  7. Truly Vs. Wanzer US Supreme Court · Jan 01, 1847
  8. U.S. 136 (1967) U.S. Supreme Court Abbott Laboratories v. Gardner
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  9. U.S. 136 (1967) Abbott Laboratories v. Gardner
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  10. of a contrary legislative intent. Rusk v. Cort
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  11. expressed in the Administrative Procedure Act and court decisions. Pp. 387 U. S. 144 -146. (e) Ewing v. Mytinger
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  12. of the Administrative Procedure Act. Columbia Broadcasting System v. United
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  13. and the apparent conflict with the decision of the Court of Appeals for the Second Circuit in Toilet Goods Assn. v. Gardner
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  14. not be cut off unless there is persuasive reason to believe that such was the purpose of Congress. Board of Governors v. Agnew
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  15. Brownell v. Tom
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  16. U. S. 367 . Early cases in which this type of judicial review was entertained, e.g., Shields v. Utah
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  17. interpretation. Shaughnessy v. Pedreiro
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  18. United States v. Interstate
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  19. supra. Again in Rusk v. Cort
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  20. The only other argument of the Government requiring attention on the preclusive effect of the statute is that Ewing v. Mytinger
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  21. element in a pragmatic way. Thus, in Columbia Broadcasting System Page 387 U. S. 150 v. United
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  22. U. S. 418 -419. Two more recent cases have taken a similarly flexible view of finality. In Frozen Food Express v. United
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  23. at 351 U. S. 45 , the Court held the order reviewable. Page 387 U. S. 151 Again, in United States v. Storer
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  24. is quite clearly definitive. There is no hint that this regulation is informal, see Helco Products Co. v. McNutt
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  25. U.S.App.D.C. 71, 137 F.2d 681, or only the ruling of a subordinate official, see Swift & Co. v. Wickham
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  26. loss is not, by itself, a sufficient interest to sustain a judicial challenge to governmental action. Frothingham v. Mellon
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  27. Perkins v. Lukens
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  28. s rule, they are quite clearly exposed to the imposition of strong sanctions. Compare Columbia Broadcasting System v. United
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  29. in all but one jurisdiction might be stayed pending the conclusion of one proceeding. See American Life Ins. Co. v. Stewart
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  30. a declaratory judgment or injunctive suit if the same issue is pending in litigation elsewhere. Maryland Cas. Co. v. Consumers
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  31. Carbide & Carbon C. Corp. v. United
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  32. was denied with the suggestion that the plaintiff intervene in a pending action elsewhere. Automotive Equip., Inc. v. Trico
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  33. Allstate Ins. Co. v. Thompson
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  34. in order to harass the Government or to delay enforcement, relief can be denied on this ground alone. Truly v. Wanzer
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  35. Brillhart v. Excess
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  36. U. S. 495 . The defense of laches could be asserted if the Government is prejudiced by a delay, Southern Pac. Co. v. Bogert
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  37. for the nonjoinder of interested parties who are not, technically speaking, indispensable. Cf. Samuel Goldwyn, Inc. v. United
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  38. no effort to do here, that delay would be detrimental to the public health or safety. See Associated Securities Corp. v. SEC
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  39. Eastern Air Lines v. CAB
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  40. Scripps-Howard Radio v. FCC
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  41. See Toilet Goods Assn. v. Gardner
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  42. drug companies whose interests are identical to those of the petitioners whose complaints were dismissed. Cf. Mishkin v. New
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  43. U.S. Supreme Court Abbott Laboratories v. Gardner
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  44. Ewing v. Mytinger
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  45. Toilet Goods Assn. v. Gardner
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  46. of Congress. Board of Governors v. Agnew
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  47. Shields v. Utah
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  48. United States v. Interstate
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  49. In Frozen Food Express v. United
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  50. United States v. Storer
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