Legal Opinion
Don Olenhouse v. Commodity Credit Corporation
Court of Appeals for the Tenth Circuit
Decided December 20, 1994No. 93-3012PublishedCited by 348 opinions
1Opinion of the Court
KANE, Senior District Judge.
This extensive review of an administrative agency case decided on appeal by a district court delineates the standards to which the district court must conform. When acting as a court of appeal, it is improper for a district court to use methods and procedures designed for trial. Moreover, the District Court here permitted the use of a so-called “motion to affirm” as well as a motion for summary judgment in contravention of the established law of this circuit.
Because our standard of review is de novo and because we have been required to scrutinize the 1600 page…
2Cases cited35 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Heckler v. ChaneySupreme Court of the United States · 1985
30 more not listed; retrieve them via the Exa API.
3Cited by348 opinions
- In Re Robert J. Gartside and Richard C. NortonCourt of Appeals for the Federal Circuit · 2000
- Ana Maria Lanza v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- New Mexico Ex Rel. Richardson v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2009
- Utahns for Better Transportation v. United States Department of TransportationCourt of Appeals for the Tenth Circuit · 2002
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
343 more not listed; retrieve them via the Exa API.