Legal Opinion

Steamship Terminal Operating Corp. v. Schwartz

Court of Appeals for the Second Circuit

Decided January 20, 1944No. 197PublishedCited by 5 opinions

1Per curiam

This appeal depends upon how far the District Court, or this court, has power to review findings of fact, made by a deputy commissioner in a proceeding under Chapter 18 of Title 33 U.S.C.A. That statute does not use the rubric, now become so familiar in proceedings to review orders of administrative tribunals, that the findings are conclusive, if there is substantial evidence to support them. Instead § 921(b) merely says that the order may be enjoined, “if not in accordance with law”; and § 921(c) repeats that phrase. Laying aside whatever remains of Crowell v. Benson, 285 U.S. 22, 52 S.Ct.…

2Cases cited6 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Commissioner v. HeiningerSupreme Court of the United States · 1943
  3. Dobson v. CommissionerSupreme Court of the United States · 1944
  4. South Chicago Coal & Dock Co. v. BassettSupreme Court of the United States · 1940
  5. Del Vecchio v. BowersSupreme Court of the United States · 1935

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

3Cited by5 opinions

  1. Gullickson v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1957
  2. F. H. McGraw & Co. v. LoweCourt of Appeals for the Second Circuit · 1944
  3. Public Service Com'n of New York v. United StatesDistrict Court, S.D. New York · 1944
  4. Marzacco v. LoweDistrict Court, D. New Jersey · 1945
  5. Richardson v. CardilloDistrict Court, S.D. New York · 1951

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