Joseph J. Proietti v. Edward H. Levi, Attorney General of the United States

The accident giving rise to this litigation occurred on October 12, 1970. Now, more than five years later, the majority vacates and remands for further proceedings. I respectfully dissent.

If the agency fact-finding procedures 1 were inadequate, the de novo review in the district court was appropriate. Camp v. Pitts, 411 U.S. 138, 142, 93 S.Ct. 1241, 36 L.Ed.2d 106 (1973); Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 415, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971).2 If they were adequate, we should simply ignore the evidence presented at the de novo hearing, and review the administrative…