Legal Opinion

South Dakota v. Adams

District Court, D. South Dakota

Decided April 9, 1980No. 78-3051PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

SUMMARY

This action was brought by the State of South Dakota [State], against the United States Secretary of Transportation [Secretary]. The State seeks to overturn the Secretary’s final determination and order of November 9, 1978, because the order and determination is alleged to be arbitrary and capricious and to be based on a record not containing substantial evidence to justify it. The factual and legal background is set forth in this court’s memorandum opinion in Civ. 77-3039, 506 F.Supp. 50, which deals with the constitutionality of 23…

2Cases cited8 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  4. Batterton v. FrancisSupreme Court of the United States · 1977
  5. South Dakota v. VolpeDistrict Court, D. South Dakota · 1973

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3Cited by3 opinions

  1. Pigg v. State Department of HighwaysSupreme Court of Colorado · 1987
  2. South Dakota v. GoldschmidtCourt of Appeals for the Eighth Circuit · 1980
  3. State Of South Dakota v. Neil GoldschmidtCourt of Appeals for the Eighth Circuit · 1980

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