Reeves v. Simon’s Empirical Analysis
507 F.2d 455 · 1974
Citation profile
10 federal appellate · 1 district ·
Relationships
Applies 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Federal Power Commission v. Texaco Inc. · L. P. Steuart & Bro., Inc. v. Bowles · University of Southern California v. Cost of Living Council · DeRieux v. Five Smiths, Inc. · Pacific Coast Meat Jobbers Ass'n v. Cost of Living Council
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This amendment is issued today in an effort to end the growing practice of sellers providing preferential treatment to customers on the basis of longstanding relationships or for any other reason. The FEA has noted a serious alteration in established business practices — particularly with respect to gasoline and diesel fuel retail sales — which result in certain purchasers being served, while others are wholly excluded. The amendment to § 210.62 concerning “normal business practices” is addressed to this situation as well as to other preferential sales devices. Sellers whose normal business practice has been to serve the public may not modify that practice to sell only to “regular customers” or otherwise discriminate among purchasers of an allocated product. . Because the purpose of these amendments is to provide immediate guidance and information with respect to the mandatory petroleum allocation and price regulations, the Federal Energy Office finds that normal rule-making procedure is impracticable and that good cause exists for making these amendments effective in less than 30 days.”
1 later decision quote this exact passage“We are satisfied that there was in fact “good cause” to find that 30-day notice was “impracticable, unnecessary, or contrary to the public interest” within the meaning of § 553(b)(B). Like DeRieux, et al. v. The Five Smiths, Inc., Em.App., 499 F.2d 1321 (1974), cert. denied sub nom. The Five Smiths, Inc. v. Holloway, 419 U.S. 896 , 95 S.Ct. 176 , 42 L.Ed.2d 141 (1974), “[t]his conclusion is based upon facts so obvious that they may be judicially noticed.” Id. at 1332. The gasoline shortage was a temporary, but highly disruptive, national emergency. Some purchasers were being served, while others were totally excluded. Under these circumstances, we find that the promulgation of § 210.62(b), with accompanying statement of good cause for dispensing with the 30-day notice requirement, was in conformance with the APA.”
1 later decision quote this exact passage“(b) No supplier shall engage in any form of discrimination among purchasers of any allocated product. For purposes of this paragraph “discrimination” means extending any preference or sales treatment which has the effect of frustrating or impairing the objectives, purposes and intent of this chapter or of the Act, and includes, but is not limited to, refusal by a retail marketer of motor gasoline or diesel fuel to furnish or sell any allocated product due to the absence of a prior selling relationship with the purchaser, or establishment of new volume purchase arrangements where customers of retailers agree in advance to purchase in excess of normal amounts of motor gasoline or diesel fuel and thereby receive preferential treatment.”
1 later decision quote this exact passage
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.