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" In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error. "
Marine Laws, Navigation and Safety [by]
by United States, Frederick Karl Arzt - 1953 - 1200 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 345

United States. Supreme Court - Courts - 1953 - 874 pages
...material in the debates which indicates inconsistent legislative understandings as to how extenfacts to the extent that the facts are subject to trial...shall be taken of the rule of prejudicial error." 60 Stat. 243, 5 USC § 1009. * "In every case where any person is ordered deported from the United...
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Cases Decided in the United States Court of Claims ... with ..., Volume 152

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1963 - 938 pages
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. * * * [Emphasis supplied.] 25 TLSTC. §70s(b). In the instant case there are serious objections earnestly...
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Indian Affairs: Laws and Treaties, Volume 6

United States - Indians of North America - 1903 - 1236 pages
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. The Court may at any time remand the cause to the Commission for such further proceedings as it may...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 65

United States. Customs Court - Customs administration - 1970 - 1246 pages
...substantial evidence in any case subject to the requirements of sections 1006 and 1007 of this title or otherwise reviewed on the record of an agency hearing...account shall be taken of the rule of prejudicial error. I am of the opinion that although plaintiffs are entitled to a measure of review of the acts of the...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 51

United States. Customs Court - Customs administration - 1963 - 644 pages
...(2) agency action is by law committed to agency discretion — ******* (e) Scope of review. * • * In making the foregoing determinations the court shall...of the rule of prejudicial error. (June 11, 1946, ch. 324, § 10, 60 Stat. 243.) The technical aspects of regular appraisement within the valuation provisions...
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United States Code, Volume 6

United States - Law - 1965 - 1110 pages
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. The Court may at any time remand the cause to the Commission for such further proceedings as it may...
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Court Decisions Relating to the National Labor Relations Act, Volume 5

United States. National Labor Relations Board - Labor laws and legislation - 1946 - 732 pages
...conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or other, 72 F. Sunn. 225 wise not in accordance with law; (2) contrary to constitutional...determinations the court shall review the whole record of [sic] such portions thereof as may be cited by any party, and due account shall be taken of the...
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Court Decisions Relating to the National Labor Relations Act, Volume 9

United States. National Labor Relations Board - Labor laws and legislation - 1954 - 1568 pages
...(4) without observance of procedure required by law; (5) unsupported by substantial evidence * * *. In making the foregoing determinations the court shall...shall be taken of the rule of prejudicial error." National Labor Relations Act: i 20 USCA : "§ 158. Unfair labor practices "(a) It shall be an unfair...
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Notices of Judgment Summarizing Judicial Review of Orders Under ..., Issues 1-17

United States. Food and Drug Administration - Food law and legislation - 1944 - 154 pages
...rationally permit the findings made. Section 10 (e) of the Administrative Procedure Act provides that "In making the foregoing determinations the court...shall be taken of the rule of prejudicial error." This was not intended to require reviewing courts to weigh the evidence and make independent findings...
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Revised Edition of Laws Applicable to the United States Department ..., Volume 2

United States - Agricultural laws and legislation - 1945 - 1138 pages
...substantial evidence in any case subject to the requirements of sections 1006 and 1007 of this title ersons whose compensation is paid from the appropriation for the office of the President ; (3) heads ch. 324, § 10, 60 Stat. 243.) Section as effective three months after June 11, 1946, see section 1011...
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