Legal Opinion

Bankers Life & Casualty Co. v. Howard H. Callaway, Secretary of the Army

Court of Appeals for the Fifth Circuit

Decided August 4, 1976No. 74--3571PublishedCited by 27 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Nineteen years ago, Bankers Life and Casualty Company (Bankers) first acquired a dredge and fill permit from the Army Corps of Engineers, issued pursuant to the Rivers and Harbors Act, 33 U.S.C. § 403. Today Bankers stands before this Court for the second time in five years, struggling to extricate itself from the morass of bureaucratic inaction. Relying on section 9(b) of the Administrative Procedure Act (APA), 5 U.S.C. § 558(c), it asks for a declaration that its permit rights under its 1960 permit have never expired and for an injunction ordering the Corps to hold a…

2Cases cited19 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Dunlop v. BachowskiSupreme Court of the United States · 1975
  3. Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
  4. Parker v. Citizens Committee for the Hudson ValleySupreme Court of the United States · 1970
  5. Frozen Food Express v. United StatesSupreme Court of the United States · 1956

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

3Cited by27 opinions

  1. Craig Pittman v. J. Anthony McLainCourt of Appeals for the Eleventh Circuit · 2001
  2. Western Oil And Gas Association v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1980
  3. Western Oil & Gas Ass'n v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 1980
  4. Atlantic Richfield Co. v. United StatesCourt of Appeals for the D.C. Circuit · 1985
  5. Kitlutsisti v. Arco Alaska, Inc.District Court, D. Alaska · 1984

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

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