Frank Arthur Hooper
Judge Hooper no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hooper decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Hooper treated a transaction's practical addition to operating capital, rather than its formal label, as controlling in tax classification.
“It would not, however, have any additional capital with which to make loans”
He granted remission where an owner lacked knowledge of unlawful use and the statute imposed no inquiry duty on a gratuitous lender.
“It being a gratuitous loan Subsection (3) did not apply and no duty of making statutory inquiry devolved upon the claimant.”
Procedural preferences
He required administrative subpoenas to stay within the procedural stage authorized by statute and agency regulations.
“there is no provision by statute or by the Board’s regulations, authorizing such a subpoena where no complaint has been filed.”
He protected expert appraisals prepared for condemnation trial where the opposing owners could inspect the property and bore the valuation burden.
“The information sought therefore, is necessarily information obtained by the Government in preparation of the trial of the case and in the opinion of this court is not obtainable by interrogatories.”
Cautions
He would not permit a district-court declaratory action to bypass the statutory route for reviewing a labor certification.
“a certification by the Board must be reviewed by the courts only in connection with a petition by the Board for enforcement”
He enforced an exclusive administrative remedy where Congress had specifically provided compensation for work-related prisoner injuries.
“Congress has provided an administrative remedy to compensate prisoners injured while employed by the Federal Prison Industries, Inc.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“plaintiff’s complaint, seeking only declaratory judgment, is dismissed without prejudice”
“hereby restrained and permanently enjoined from proceeding further with the assessment or collection of certain taxes”
“Therefore claimant is entitled to remission, which is hereby ordered.”
“The motion in this case to enforce the subpoena duces tecum is denied.”
“the plaintiff is entitled to the relief sought to secure the rights established by the former decree of this Court”
“Objections to interrogatories are therefore sustained as made.”
“it is hereby sustained and the action is dismissed with costs on plaintiff.”
“The plaintiff therefore, not having come forward with any evidence to show that the transaction was in good faith, cannot recover in the case.”
“This Court on May 9, 1960 denied such prayers, but decreed that the Plan should be effective in September, 1961.”
“The Government is directed to submit a judgment in accordance herewith within twenty days.”
“Counsel for plaintiffs may submit to this Court a Judgment in accordance herewith.”
“Counsel for plaintiffs shall present an appropriate Judgment in accordance herewith.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative judge-specific electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Hooper no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.