Spencer T. Montgomery, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency Appeal No. 01A31922 Agency No. 01-68836-002 Hearing No. 360-A2-8619X

2 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,707 times 3 Legal Analyses
Holding that court may not "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 "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,630 times 5 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

Spencer T. Montgomery, Complainant, v. Hansford T. Johnson, Acting Secretary, Department of the Navy, Agency Appeal No. 01A31922 Agency No. 01-68836-002 Hearing No. 360-A2-8619X

2 Cited authorities

Universal Camera Corp. v. Nat'l Labor Relations Bd.

Holding that court may not "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 "

Pullman-Standard v. Swint

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"