...privilege, or immunity: iC» in excess of statutory jurisdiction, authority, or limitations, or short of statutory right ; <D> without observance of procedure...of this title or otherwise reviewed on the record o' an agency hearing provided by statute; or i Pi unwarranted by the facts to the extent that the facts...

...and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— ***** * * (E) unsupported by substantial evidence in a case...record of an agency hearing provided by statute ; or ***** * * In making the foregoing determinations, the court shall review the whole record or those...

...found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law: . . . (E) unsupported by substantial evidence...record of an agency hearing provided by statute.]. They argue that the action of the FDA has been arbitrary and capricious and constitutes an abuse of...

...privilege, or immunity ; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right ; (D) without observance of procedure...(E) unsupported by substantial evidence in a case sub- ; ject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency...

...limitations, or short of statutory right; (B) contrary to constitutional right, power, privilege, or immunity; (D) without observance of procedure required by law;...record of an agency hearing provided by statute; or In making the foregoing determinations, the court shall review the whole record or those parts of it...

...negates the APA requirement that the reviewing court hold unlawful findings and conclusions found to be "unsupported by substantial evidence in a case subject...record of an agency hearing provided by statute." (5 USC § 706(2) (E) ). And it is clear that Congress intended the "whole record" requirement to permit...

...negates the APA requirement that the reviewing court hold unlawful findings and conclusions found to be "unsupported by substantial evidence in a case subject...record of an agency hearing provided by statute." (5 USC § 706(2) (K) ). And it is clear that Congress intended the "whole record" requirement to permit...

...the courts are directed to set aside agency findings "unsupported by substantial evidence . . ." or "unwarranted by the facts to the extent that the facts...subject to trial de novo by the reviewing court.") The Court specifically rejected the position that the case involved a "predatory pricing practice,"...

...observance of procedure required by law; "(E) unsupported by substantial evidence in a case subiect to Sections 556 and '557 of this title or otherwise...record of an agency hearing provided by statute." Contrary to these statutory requirements the Recommended Decision finds without substantial evidence...

...unsupported by substantial evidence in any case subject to the requirements of sections 1006 and 1007 of this title or 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 de novo by the reviewing...