NORTH PENNSYLVANIA RAILROAD COMPANY, PLAINTIFF-APPELLEE,
v.
WALTER J. ROTHENSIES, COLLECTOR OF INTERNAL REVENUE, FOR FIRST DISTRICT OF PENNSYLVANIA, APPELLANT

3d Cir. | 1943-03-22
No. 8129
Before BIGGS, MARIS, and JONES, Circuit Judges.
134 F.2d 333 United States Court of Appeals for the Third Circuit (1943)

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Synopsis

This case concerns a petition for rehearing where the court clarifies its original opinion regarding the scope of judicial review of administrative decisions, particularly in relation to the precedent set in Hammond v. Curry.


Holding

The court maintains that its original opinion did not depart from Hammond v. Curry, emphasizing that the court's role is to determine if there was a legal and reasonable exercise of administrative judgment based on required procedure and appropriate evidence, rather than re-weighing evidence.


Facts & Procedural History

The court is considering a petition for rehearing that argues its original opinion departed from the ruling in Hammond v. Curry. The petition specific…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We think that this case is indistinguishable in principle from McCoach v. Minehill Railway Co., 228 U.S. 295, 33 S.Ct. 419, 57 L.Ed. 842. Upon the authority of that case and for the reasons stated in the opinion of Judge Kalodner for the District Court in this case, 45 F.Supp. 486, the judgment is affirmed.


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