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" Nor does it mean that even as to matters not requiring expertise a court may displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo. "
A Legislative History of the Federal Food, Drug, and Cosmetic Act and Its ... - Page 235
1979
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 62, Parts 1-4

United States. Department of Agriculture - Agricultural laws and legislation - 2003 - 544 pages
...substantial evidence. "The substantial-evidence standard does not allow a court to displace the [Agencies'] choice between two fairly conflicting views, even...different choice had the matter been before it de novo." Trimmer v. United States Dep't of 'Labor, 174F.3d 1098, 1102 (10th Cir. 1999) (quotation marks and...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 55

United States. Department of Agriculture - Agricultural laws and legislation - 1996 - 880 pages
...from the primary evidentiary facts we, as a reviewing court, may not "displace the ... [Secretary's] choice between two fairly conflicting views, even...different choice had the matter been before it de novo." Universal Camera Corp. v. NLRB, 340 US 474,488,71 S.Ct. 456, 465, 95 L.Ed. 456 (1951). Thornton v....
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Court Decisions Relating to the National Labor Relations Act, Volume 13

United States. National Labor Relations Board - Labor laws and legislation - 1968 - 1564 pages
...in its entirety furnishes, including the body of evidence opposed to the Board's view,' it may not 'displace the Board's choice between two fairly conflicting...different choice had the matter been before it de ncco? " Looking first to the respondent's contention that there is absolutely no evidence of anti-union...
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Court Decisions Relating to the National Labor Relations Act, Volume 12

United States. National Labor Relations Board - Labor laws and legislation - 1968 - 1432 pages
...respect. Nor does it mean that even as to matters not requiring expertise a court may displace the 290 Board's choice between two fairly conflicting views,...justifiably have made a different choice had the matter been berfore it de novo. * * * See, also, NLRB v. Marcus Trucking Co., Inc.. 2 Cir., 286 F.2d 583, 592....
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To Amend Section 503 (b) of the Federal Food, Drug and Cosmetic Act of 1938 ...

United States. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Health - Drugs - 1951 - 314 pages
...furnish a calculus of value by which a reviewing court can assess evidence. * * * Nor does it mean that even as to matters not requiring expertise a court...different choice had the matter been before it de novo" (p. 313). The phrase "substantial evidence" has no well established meaning. It does mean more than...
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To Amend Section 503 (b) of the Federal Food, Drug and Cosmetic Act of 1938 ...

United States. Congress. Senate. Committee on Labor and Public Welfare. Subcommittee on Health - Drugs - 1951 - 330 pages
...furnish a calculus of value by which a reviewing court can assess evidence. * * * Nor does it mean that even as to matters not requiring expertise a court...different choice had the matter been before it de novo" (p. 313). The phrase "substantial evidence" has no well established meaning. It does mean more than...
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Food Additives: Hearings Before a Subcommittee of the Committee on ...

United States. Congress. House. Committee on Interstate and Foreign Commerce - Food additives - 1958 - 550 pages
...the important purposes of the movement which eventuated in that enactment * * *. Congress has * * * made it clear that a reviewing court is not barred from setting aside an agency's decision when it cannot conscientiously find that the evidence supporting that decision...
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Food Additives: Hearings Before a Subcommittee of the Committee on ...

United States. Congress. House. Committee on Interstate and Foreign Commerce - Food additives - 1958 - 550 pages
...the important purposes of the movement which eventuated in that enactment * * *. Congress has * * * made it clear that a reviewing court is not barred from setting aside an agency's decision when it cannot conscientiously find that the evidence supporting that decision...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 360

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1959 - 832 pages
...Rives' dissenting opinion finds support in the record as a whole, the Board's order should be enforced "even though the court would justifiably have made...different choice had the matter been before it de novo." Universal Camera Corp. v. Labor Board, 340 US 474, 488. Per Cunam. 360 US MARSHALL v. UNITED STATES....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 360

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1959 - 842 pages
...Rives' dissenting opinion finds support in the record as a whole, the Board's order should be enforced "even though the court would justifiably have made...different choice had the matter been before it de novo." Universal Camera Corp. v. Labor Board, 340 US 474, 488. Per Curiam. 360 US MARSHALL v. UNITED STATES....
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