Legal Opinion · Concurrence
Itt World Communications, Inc. v. Federal Communications Commission and United States of America
Court of Appeals for the Second Circuit
Decided May 7, 1980No. Dockets 79-4220, 80-4003, 80-4016Published
1ConcurrenceMansfield, Circuit Judge
I concur in part in Judge Newman’s carefully-considered, thorough opinion and in the result he reaches. However, except as to the denial of the petition for transfer under 28 U.S.C. § 1404(a), I disagree with the resolution of this case on equitable principles.
In my view the action taken by the Federal Communications Commission at the public meeting of December 12,1979, which bound the parties immediately, was sufficiently final not only to serve as the basis for judicial review under 28 U.S.C. § 2344 but also to serve as the starting bell for the race to the courthouse dictated by 28 U.S.C.…
2Cases cited5 opinions
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget TransatlanticSupreme Court of the United States · 1970
- Truman Outland v. Civil Aeronautics Board, Delta Airlines, Inc., Air Line Pilots Association, International, IntervenorsCourt of Appeals for the D.C. Circuit · 1960
- Industrial Union Department, Afl-Cio v. Dr. Eula Bingham, Assistant Secretary of Labor, the American Petroleum Institute, the National Petroleum Refiners Association on Behalf of Their Respective Members and American Petrofina, Incorporated v. Occupational Safety and Health Administration, United States Department of Labor, Dr. Eula Bingham, Assistant Secretary of Labor, and Ray Marshall, Secretary of Labor, Manufacturing Chemists Association, American Iron and Steel Institute, Independent Petroleum Association of America, Industrial Union Dept., Afl-Cio and United Rubber Workers, Afl-Cio, IntervenorsCourt of Appeals for the D.C. Circuit · 1977
- International Union of Electrical, Radio and MacHine Workers, Afl-Cio-Clc v. National Labor Relations Board, East Dayton Tool and Die Company, Intervenor. International Union of Electrical, Radio and MacHine Workers, Afl-Cio-Clc v. National Labor Relations Board, Westinghouse Corporation, Intervenor. National Labor Relations Board v. The East Dayton Tool and Die Co., International Union of Electrical, Radio and MacHine Workers, Afl-Cio-Clc, and I.U.E. Local 668, Intervenors. National Labor Relations Board v. Westinghouse Electric Corporation, International Union of Electrical, Radio and MacHine Workers, Afl-Cio-Clc, IntervenorCourt of Appeals for the D.C. Circuit · 1979