Legal Opinion

Joseph Clinton McBride v. Willard J. Smith (Substituted for E. J. Roland), Commandant, United States Coast Guard

Court of Appeals for the Second Circuit

Decided December 2, 1968No. 32579_1PublishedCited by 17 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

This appeal by the Commandant, United States Coast Guard, from an order of the District Court for the Southern District of New York raises a close question about the proper course of action under the mandate of the Supreme Court, 390 U.S. 411, 88 S.Ct. 1111, 19 L.Ed.2d 1271 (1968), remanding the case to the district court.

The action arose under the Magnuson Act, 50 U.S.C. § 191, which provides in part that whenever the President finds that “the security of the United States is endangered by * * * subversive activity,” he is authorized to issue rules and regulations “to…

2Cases cited20 opinions

  1. Shelton v. TuckerSupreme Court of the United States · 1960
  2. Greene v. McElroySupreme Court of the United States · 1959
  3. Federal Communications Commission v. Pottsville Broadcasting Co.Supreme Court of the United States · 1940
  4. Konigsberg v. State Bar of Cal.Supreme Court of the United States · 1961
  5. Federal Trade Commission v. Morton Salt Co.Supreme Court of the United States · 1948

15 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Zambrana v. CalifanoCourt of Appeals for the Second Circuit · 1981
  2. Robert P. Smith v. James R. Schlesinger, Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1975
  3. Presbyterian Hospital of Dallas v. Patricia R. Harris, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1981
  4. Jameson's Liquors, Inc. v. District of Columbia Alcoholic Beverage Control BoardDistrict of Columbia Court of Appeals · 1978
  5. Arlington Oil Mills, Inc. v. John A. Knebel, Acting Secretary of Agriculture, Birdsong Corporation, Intervenors Robert W. Moore, Movants-AppellantsCourt of Appeals for the Fifth Circuit · 1976

12 more not listed; retrieve them via the Exa API.

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