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" In making the foregoing determinations the Court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error. "
United States Reports: Cases Adjudged in the Supreme Court - Page 208
by United States. Supreme Court - 1953
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Cases Decided in the United States Court of Claims ... with ..., Volume 152

United States. Court of Claims, Audrey Bernhardt - 1963
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. * * * [Emphasis supplied.] 25 TLSTC. 70s(b). In the instant case there are serious objections earnestly...
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Indian Affairs: Laws and Treaties, Volume 6

United States - 1903
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. The Court may at any time remand the cause to the Commission for such further proceedings as it may...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 65

United States. Customs Court - 1970
...otherwise reviewed on the record of an agency hearing provided by statute; or (6) unwarranted by the facts to the extent that the facts are subject to trial...account shall be taken of the rule of prejudicial error. I am of the opinion that although plaintiffs are entitled to a measure of review of the acts of the...
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United States Customs Court Reports: Cases Adjudged in the United ..., Volume 51

United States. Customs Court - 1963
...(2) agency action is by law committed to agency discretion ******* (e) Scope of review. * * In making the foregoing determinations the court shall...account shall be taken of the rule of prejudicial error. (June 11, 1946, ch. 324, 10, 60 Stat. 243.) The technical aspects of regular appraisement within...
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Decisions, Volume 4

United States. Federal Maritime Commission - 1963
...repetitious evidence and no sanction shall be Imposed or rule or order be Issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. Every party...
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The Code of Federal Regulations of the United States of America ..., Book 5

1947
...basis of decisions; definition of record. No decision shall be rendered except on consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative and substantial evidence. The transcript...
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United States Code: Containing the General and Permanent Laws of the United ...

United States - 1965
...a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court...account shall be taken of the rule of prejudicial error. The Court may at any time remand the cause to the Commission for such further proceedings as it may...
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United States Code: Supplement

United States - 1994
...law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error,...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 56, Part 1

United States. Department of Agriculture - 1997
...otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. 5 USC 706(2). Petitioner has the burden of proving that the rule making record does not provide...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 62, Parts 1-4

United States. Department of Agriculture - 2003
...otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. 5 USC 706. This is a dispute over the propriety of the rules promulgated by the Secretary. The First...
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