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Administrative Law Keyed to Lawson
United States v. Florida East Coast Ry
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
There was a chronic freight-car shortage on the Nation’s railroads, and Congress responded by amending Section:1(14)(1) of the Act to expand the Commission’s authority to prescribe per diem charges for use by one railroad of freight cars owned by another. After an investigation, a notice of proposed rulemaking, and an informal conference at which Appellees voiced concerns, the Commission concluded that Section:1(14)(1) authorized it to impose additional “incentive” per diem charges. In December, 1969, the Commission issued a proposed rule with a notice to railroads to file statements of position within 60 days. Both Appellees filed statements objecting to the proposal and requesting an oral hearing, but the Commission overruled their requests. Appellees brought this action in the District Court to set aside the incentive per diem rates established by the Commission in a rulemaking proceeding. The District Court sustained Appellee’s position that the Commission had failed to comply with Section:553 and Section:556 of the APA; held that the language of Section:1(14)(a) of the Act required the Commission to act in accordance with the APA Section:556(d) in a proceeding such as this; and the Commission’s determination to receive submission from the Appellees only in written form violated Section:556(d) because Appellees were “prejudiced” by that determination.
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- Policy: Identifies the Policy if any that has been established by the case.
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