Legal Opinion · Dissent

Silver v. McCamey

Court of Appeals for the D.C. Circuit

Decided March 31, 1955No. 12362Published

1DissentDanaher, Circuit Judge

The majority say “that due process is not observed if an accused person is subjected, without his consent, to an administrative hearing on a serious criminal charge that is pending against him.” The only inquiry before the Board involved McCamey’s fitness to drive a taxicab, and as I see this case, the trial court erred in issuing a mandatory injunction to compel District officials to rescind an order of revocation they were authorized to issue in the first place.

The trial judge specifically found that “The transcript of proceedings before said Board shows that all of the requisites of…

2Cases cited13 opinions

  1. Gray v. PowellSupreme Court of the United States · 1941
  2. Swayne & Hoyt, Ltd. v. United StatesSupreme Court of the United States · 1937
  3. Commonwealth v. FunkSupreme Court of Pennsylvania · 1936
  4. Lewis v. United StatesSupreme Court of the United States · 1955
  5. Nulter v. State Road Commission of West VirginiaWest Virginia Supreme Court · 1937

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