United States v. L. A. Tucker Truck Lines, Inc.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Ninth Circuit permitted review where the agency had already fully considered the same objections in recent rulemaking, without requiring them to be repeated in an individual proceeding. The other opinions applied Tucker Truck Lines, used it to discuss questions left undecided in earlier cases, or contained no citation to it.
40 later cases cite United States v. L. A. Tucker Truck Lines, Inc.; 40 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on United States v. L. A. Tucker Truck Lines, Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Ninth Circuit allowed review without a repeated objection in an individual agency proceeding because the agency had fully considered the same issues in recent rulemaking, confining Tucker Truck Lines' timely-objection rule in those circumstances.
Great Falls Community TV Cable Co. v. Federal Communications Commission · Ninth Circuit · filed
In United States v. L.A. Tucker Truck Lines, Inc., 344 U.S. 33, 37, 73 S.Ct. 67, 69, 97 L.Ed. 54 (1952), the Court said: 'Repetition of the objection in (a large number of like cases) * * * might lead to a change of policy, or, if it did not, the Commission would at least be put on notice of the accumulating risk of wholesale reversals being incurred by its persistence.' In the unusual circumstances of these proceedings, however, these considerations have minimal weight. The Commission proceeded deliberately and thoroughly before promulgating the nonduplication rules in the face of objections substantially the same as those which petitioner urges here.
Read the full opinion on CourtListener →
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