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· 5/31/1988

William Carlton Dart v. United States of America

Citations

  • 848 F.2d 217
  • 270 U.S. App. D.C. 160
  • 1988 U.S. App. LEXIS 7265
  • 1988 WL 54109

How courts have described this case

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

  • noting that a court should not assume jurisdiction under Kyne when there is a dispute over the factual findings only
  • noting that facial challenges to agency action as allegedly \ 'in excess of authority' must not simply involve a dispute over statutory interpretation or challenged findings of fact.\
  • stating that the Kyne standard is “narrow and rarely successfully invoked”
  • “Nothing in the subsequent enactment of the APA altered the McAnnulty doctrine of review.”
  • “If the wording of a preclusion clause is less than absolute, the presumption of judicial review also favors a particular category of plaintiffs’ claims.”
  • “Leedom v. Kyne test ... has been alternatively phrased as whether the agency action ‘on its face’ violated a statute”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wald, Mikva, Friedman, Federal

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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