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← 507 F.2d 33 - Saunders v. United States

Saunders v. United States’s Empirical Analysis

507 F.2d 33 · 1974

Citation profile

27
cited by 27 later decisions
May 2018
most recently cited

11 federal appellate · 3 district ·

How this case has been cited

Cited by 27 later decisions — most recently May 2018 · most notably Kulkin v. Bergland (1980), Modica v. United States (1975)

11 federal appellate · 3 district ·

10019741980199020002010decided

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

Applies 5 U.S.C. § 706 · 7 U.S.C. § 2012 · 7 U.S.C. § 2020 · 7 U.S.C. § 2022

Relies on Cole v. United States · Haines v. Kerner · Martin v. United States · Save More of Gary, Inc. v. United States

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “requires a reexamination of the entire matter rather than a mere determination of whether the administrative findings are supported by substantial evidence.”
    4 later decisions quote this exact passage · from the majority
  2. “In providing for a trial de novo upon court review of disqualification determinations, Congress intended a broader scope of review than that permitted under the general provisions of the Administrative Procedure Act. 5 U.S.C. 706; JCB Super Markets Inc. v. United States, supra [D.C.] 57 F.R.D. [500] at 502-503. This requires a reexamination of the entire matter rather than a mere determination of whether the administrative findings are supported by substantial evidence. Great Atlantic & Pacific Tea Co. v. United States, 342 F.Supp. 492, 493 (S.D.N.Y., 1972), contra, Marbro Foods Inc. v. United States, 293 F.Supp. 754, 755 (N.D.Ill., 1968). The court should make its own findings of fact based on the preponderance of the evidence and not limit itself to matters considered in the administrative proceedings. JCB Super Markets Inc., supra, 57 F.R.D. at 503. Even if the unsworn statements relied upon by the government were sufficient to support a determination at the administrative level, the provision for a trial de novo requires that the district court make its determination on evidence of a kind and quality sufficient to support findings of fact under Rule 52(a), F.R.Civ.P. Since the procedures followed at the administrative level do not provide for discovery or testing the evidence of the Department of Agriculture by cross-examination, it is particularly important that an aggrieved person who seeks judicial review in a trial de novo not be deprived of these traditional tools un”
    3 later decisions quote this exact passage · from the majority
  3. “The suit in the district court or State court shall be a trial de novo by the court in which the court shall determine the validity of the questioned administrative action in issue. If the court determines that such administrative action is invalid, it shall enter such judgment or order as it determines is in accordance with the law and the evidence.”
    1 later decision quote this exact passage · from the majority

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.