FRANZEN
v.
TOWNSHIP OF ELK ET AL.

U.S. | 1968-06-10
No. 1178
Mr. Justice Douglas would grant certiorari.
392 U.S. 909 Supreme Court of the United States (1968) Positive Treatment
Cited by 9 cases

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  • United States & Rogers C. B. Morton v. Wharton, 514 F.2d 406 (9th Cir. 1975)
    …stoppel would have applied on a proper showing of misrepresentation or reliance on governmental action. United States v. Big Bend Transit Co., 42 F.Supp. 459 (E.D.Wash.N.D.1942); Udall v. Oelschlaeger, 129 U.S.App.D.C. 13, 389 F. 2d 974 cert. denied 392 U.S. 909, 88 S.Ct. 2056, 20 L.Ed.2d 1367 (1968). . In Schuster, the Commissioner of Internal Revenue originally determined that certain assets of an estate were not taxable. Relying on the ruling, the trustee distributed the assets to the beneficiary. A yea…
  • Gulf OIL Corp. v. Fed. Power Comm'n, 563 F.2d 588 (3d Cir. 1977)
    …existence of a rational basis for the Commission’s action is ascertained the reviewing power is estopped from further consideration of the Commission’s action.” Southern California Edison Co. v. FPC, 387 F. 2d 619, 621 (3d Cir. 1967), cert. denied, 392 U.S. 909, 88 S.Ct. 2055, 20 L.Ed.2d 1367 (1968). See also Mesa Petroleum Co. v. FPC, 441 F. 2d 182, 189 (5th Cir. 1971). The scope of the Commission’s remedial powers is defined by section 16 of the Act, 15 U.S.C. § 717o: Sec. 16. The Commission shall have…
  • Hansen v. Harris, 619 F.2d 942 (2d Cir. 1980)
    …with this view.1 While emphatic rejections [*959] of estoppel against the Government occasionally appear in passing phrases, see Dix v. Rollins, 413 F. 2d 711, 716 (8th Cir. 1969); Udall v. Oelschlaeger, 389 F. 2d 974, 977 (D.C.Cir.), cert. denied, 392 U.S. 909, 88 S.Ct. 2056, 20 L.Ed.2d 1367 (1968), no court of appeals has ruled that estoppel would be unavailable in all circumstances. On the contrary, no fewer than eight circuits, including this one, have stated that there are some circumstances in which…

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