Wheatley v. Shields

MEMORANDUM

TENNEY, District Judge.

This is a motion by plaintiff for summary judgment setting aside an administrative decision of the United States Coast Guard Hearing Examiner (hereinafter referred to as “the Examiner”) and a cross-motion by defendant herein for summary judgment and a dismissal of the within action. The parties correctly agree that this Court is limited in its review to the record of the administrative proceedings. See United States v. Carlo Bianchi & Co., 373 U.S. 709, 718, 83 S.Ct. 1409, 10 L.Ed.2d 652 (1963).

Plaintiff seeks in this action, under 5 U.S.C. §§ 701-706,…