Kyle v. Interstate Commerce Commission’s Empirical Analysis
609 F.2d 540 · 1979
Citation profile
41 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 67 later decisions — most recently October 1991 · most notably Walker v. Washington (1980), Devine v. White (1983)
41 federal appellate · 4 district · 1 state decisions
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 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2401 · 5 U.S.C. § 1101 (Civil Service Miscellaneous Amendments) · 5 U.S.C. § 7703
Relies on Udall v. Tallman · Red Lion Broadcasting Co. v. Federal Communications Commission · Mourning v. Family Publications Service, Inc. · Miller v. Youakim
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No provision of the Civil Service Reform Act shall be applied by the Board in such a way as to affect any administrative proceeding pending at the effective date of such provision. “Pending” is considered to encompass existing agency proceedings, and appeals before the Board or its predecessor agencies, that were subject to judicial review or under judicial review on January 11, 1979, the date on which the Act became effective. An agency proceeding is considered to exist once the employee has received notice of the proposed action.”
4 later decisions quote this exact passage · from the majority“[n]o provision of this Act shall affect any administrative proceedings pending at the time such provision takes effect.” The CMPA contains no comparable provision, and the Kyle case has no bearing on the issue. 13 . The arguable unreasonableness of permitting direct review by the Superior Court more than a decade after the CMPA went into effect is further illustrated by what one might describe as a”
3 later decisions quote this exact passage · from the majority“should be respected, in accordance with the judicial deference usually accorded to the interpretation made by the agency charged with a statute's administration,”
1 later decision quote this exact passage · from the majoritye.g. Wilson v. Turnage
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.