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Sullivan Vs. Everhart
Cites for this judgment
- US Supreme Court
- Jan 01, 1990
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U.S. 83 (1990) U.S. Supreme Court Sullivan v. EverhartSearch
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U.S. 83 (1990) Sullivan v. EverhartSearch
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if such adjustment or recovery would defeat the Act's purposes or be against equity and good conscience. Califano v. YamasakiSearch
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Courts of Appeals had upheld the netting regulations against similar attacks. Id. at 1536-1537 (citing Lugo v. SchweickerSearch
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F.2d 1143 (CA3 1985), and Webb v. BowenSearch
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Chevron U.S.A. Inc. v. NaturalSearch
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K Mart Corp. v. CartierSearch
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Brief any citation in this list with AI Studio
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Mead Corp. v. TilleySearch
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NLRB v. UnitedSearch
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U. S. 123 (1987). These principles apply fully to the Secretary's administration of the Act. See Schweiker v GraySearch
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New International Dictionary 27, 1898 (1981) (hereinafter Webster's)), and general legal usage ( e.g., United States v. BurchardSearch
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this provision is observed in good faith -- as we must presume, in this facial challenge, it will be. See, e.g., FCC v. SchreiberSearch
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regulations violate due process, and we will not address that claim in the first instance. See, e.g., United States v. SperrySearch
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assert rights designed to protect specially disadvantaged beneficiaries. Respondents, like the plaintiffs in Califano v. YamasakiSearch
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between overpayments and underpayments. Everhart v. BowenSearch
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Lugo v. SchweikerSearch
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care. Affidavit of Emil Zwiezen, reproduced in Brief for Appellee in No. 87-1839 (CA10), p. 31A. See also Everhart v. BowenSearch
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that we must nevertheless defer to his interpretation of the statute. Relying heavily upon Chevron U.S.A. Inc. v. NaturalSearch
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Public Employees Retirement System of Ohio v. BettsSearch
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U. S. 158 , 492 U. S. 171 (1989). See also Dole v. UnitedSearch
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U. S. 421 , 480 U. S. 445 -450 (1987). Indeed, Califano v. YamasakiSearch
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would be strong evidence that the Secretary's procedures are inconsistent with the statute. See, e.g., Colautti v. FranklinSearch
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It is, of course, of no importance that Yamasaki predates Chevron U.S.A. Inc. v. NaturalSearch
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U.S. Supreme Court Sullivan v. EverhartSearch
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Lugo v. SchweickerSearch
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and Webb v. BowenSearch
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of the Act. See Schweiker v. GraySearch
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United States v. SperrySearch
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Everhart v. BowenSearch
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Dole v. UnitedSearch
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Indeed, Califano v. YamasakiSearch
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