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Horizons International, Inc. v. Baldrige

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 81 , Issue 3 , July 1987 , pp. 658 - 660
Copyright
Copyright © American Society of International Law 1987

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References

1 The Act also gives a cause of action for single—rather than treble—damages to any person injured as a result of a failure to comply with the standards set forth in the Act governing certificates of review. 15 U.S.C. §4016(b)(1) (1982). There is a statutory presumption, however, that conduct specified in a certificate of review does comply with those standards. 15 U.S.C. §4016(b)(3).

2 The court also held that (1) the district court’s order vacating the certificate of review and remanding the case for further proceedings was a final judgment subject to appellate review; (2) the district court erred in remanding the matter to the Secretary of Commerce for consideration of factual materials beyond those found in the initial agency record; and (3) the Attorney General was not a necessary party to a proceeding in which judicial review was sought for the granting of a certificate of review.

3 15 U.S.C. §4013(a) (1982).

4 The court applied the standards for judicial review of agency action set forth in the Administrative Procedure Act, 5 U.S.C. §706 (1982).