Federal Home Loan Bank Board v. Rowe’s Empirical Analysis
284 F.2d 274 · 1960
Citation profile
22 federal appellate · 7 district ·
How this case has been cited
Cited by 46 later decisions — most recently May 1997 · most notably State of North Dakota v. Merchants National Bank and Trust Company, Fargo, North Dakota (1980), Ramapo Bank v. Camp (1970)
22 federal appellate · 7 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Fahey v. Mallonee · Ashbacker Radio Corporation v. Federal Communications Commission · Pennsylvania v. Nelson · Murray v. United States · Board of Governors of the Federal Reserve System v. Agnew
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““No statutory provision whatever was made for hearings through the medium of which the prescribed criteria were to be established. On the contrary, Congress clearly reposed in the Board a wide discretion in its determination of whether or not the standards had been met. The Board was charged with a high responsibility, and was commensurately bound to exercise its best judgment, necessarily flexible in the banking and monetary field, in order ‘to provide local mutual thrift institutions in which people may invest their funds and in order to provide for the financing of homes * * *.’ The Board was not required to issue a charter; it might issue within a given area more than one. It might limit the issuance to a single association. Congress knew very well that conditions in an agricultural area might differ from those in an urban field or a mining community. A delicate balance of the Board’s judgment clearly was required in determining the likelihood of successful operations, not only for the welfare of shareholders in the association but with regard to the possible impairment of confidence in and the stability of other thrift institutions. The Government itself had a continuing interest in each such association as might qualify for a charter. In particulars here pertinent, from 1933 to the present time, Congress has never amended the basic act.””
2 later decisions quote this exact passage · from the majority“Section 5 of the Administrative Procedure Act, 5 U.S.C.A. § 1004, requires that `in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing' (except in six listed circumstances not here applicable), an agency shall observe certain procedures specified in subsequent sections of that act. Neither the Home Owners' Loan Act of 1933, as amended, nor the regulations thereunder, contains any provision that an application for a branch must be `determined on the record after opportunity for an agency hearing.'”
1 later decision quote this exact passage · from the majority“Abundant authority, with which we agree, holds that the Comptroller’s determination in the present area is not immunized from review by the exemption in the preface of § 1009, APA, reading, ‘Except so far as * * * agency action is by law committed to agency discretion.’ Any discretion vested in the Comptroller in passing upon applications for approval of bank branches is not the type of discretion to which action has been “committed by law” but is rather one of the character expressly made reviewable by § 1009(e) (1).”
1 later decision quote this exact passage · from the majoritye.g. Pitts v. Camp
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.