Davis & Randall, Inc. v. United States

BURKE, Chief Judge (concurring).

I would enjoin enforcement of the Commission’s order on the ground that Davis and Randall, Inc., was deprived of an adequate hearing by the failure of the Commission to afford it an opportunity to meet evidence outside the record. Interstate Commerce Commission v. Louisville and Nashville R. R. Co., 227 U.S. 88, 33 S.Ct. 185, 57 L.Ed. 431. Morgan v. United States, 298 U.S. 468, 56 S.Ct. 906, 80 L.Ed. 1288. I concur in the conclusion reached by Judges FRIENDLY and HENDERSON.