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· 3/10/1989

United Mine Workers of America, International Union v. Elizabeth H. Dole, in Her Capacity as Secretary of Labor, American Mining Congress, Intervenor

Citations

  • 870 F.2d 662
  • 276 U.S. App. D.C. 248
  • 1989 CCH OSHD 28,462
  • 1989 U.S. App. LEXIS 3064
  • 1989 WL 20958

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting Butcher and approving Frey — \we decline to follow the analysis of the Sixth Circuit . . . which reasons that applications of the federal rules to statutory time periods unjustifiably enlarge jurisdiction of the federal courts.\
  • “time periods, including jurisdictional time periods, are to be construed in accordance with [rule that provides exemption for weekends and holidays]”
  • agency acted arbitrarily and capriciously due to “complete absence of any discussion” of statutorily required, element
  • “Statutory provisions laying down time periods for taking appeals, like any other enactments, must be interpreted and applied by courts; in so doing we use the federal rules as guides.”
  • “Statutory provisions laying down time periods for taking appeals, like any other enactments, must be interpreted and applied by courts; in so doing we use the federal rules as guides.”
  • “[T]ime periods, including jurisdictional time periods, are to be construed in accordance with Fed. R. App. P. 26(a), excluding final weekend days and holidays unless a specific statutory provision requires otherwise.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wald, Edwards, Ginsburg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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