· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.