 | United States. Federal Maritime Commission - 1970 - 442 pages
...parties of the same claims or issues. 2 Davis Administrative law (hereinafter "Davis''), section 18.12. "When an administrative agency is acting in a judicial...hesitated to apply res judicata to enforce repose." United States v. Utah Const. & Mining Co., 384 US 394, 422 (1966). "There was a contested proceeding... | |
 | United States. Department of the Interior - 1968 - 544 pages
...judicata principles do not apply to administrative proceedings, but such language Is certainly too broad. When an administrative agency Is acting In a judicial...hesitated to apply res Judicata to enforce repose. • • •" « See Robert L. Gayler, ASBCA No. 4822, 58-2 BCA par. 1999 (1958), ("* * • We think... | |
 | United States. Congress. House. Post Office and Civil Service - 1972 - 384 pages
...Boards have jurisdiction, again spoke of the judicial character of the Boards, using this language : "When an administrative agency is acting in a judicial...hesitated to apply res judicata to enforce repose. In the present case the Board was acting in a judicial capacity when it considered the Pier Drilling... | |
 | U.S. Nuclear Regulatory Commission - 1978 - 1948 pages
...OF PRACTICE: COLLATERAL ESTOPPEL Where another agency has acted in a judicial capacity and resolved disputed issues of fact properly before it which the...have had an adequate opportunity to litigate, the Commission will not hesitate to give res judicala or collateral estoppel effect to its findings "to... | |
 | U.S. Nuclear Regulatory Commission - 1978 - 1948 pages
...(1966), for the proposition that where another agency has acted "in a judicial capacity and resolve[d] disputed issues of fact properly before it which the...parties have had an adequate opportunity to litigate," we will not hesitate to give resjudicata or collateral estoppel effect to its findings "to enforce... | |
 | U.S. Nuclear Regulatory Commission - 1977 - 606 pages
...also parties before EPA. Where, as here, that agency has acted "in a judicial capacity and resolve [d] disputed issues of fact properly before it which the...parties have had an adequate opportunity to litigate," we will not hestitate to give res judicata or collateral estoppel effect to its findings "to enforce... | |
 | James O. Mahoy - 1975 - 912 pages
...judicata principles do not apply to administrative proceedings, but such language is certainly too broad. When an administrative agency is acting in a judicial capacity and resolves disputes issues of fact properly before it which the parties have had an adequate opportunity to litigate,... | |
 | United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade - 1977 - 698 pages
...action." supra, p. 302 lies judicata may apply to the decision of an administrative agency "when it is acting in a judicial capacity and resolves disputed...parties have had an adequate opportunity to litigate". United States v. Utah Construction & Mining Co., 384 US 394, 86 S. Ct. IMS, 10 L. Ed. 2d 642 (1966).... | |
 | United States. Federal Trade Commission - 1978 - 806 pages
...Ratemaking Proceeding As the Supreme Court made clear in United States v. Utah Construction & Mining Co., When an administrative agency is acting in a judicial...have not hesitated to apply res judicata to enforce repose."1 By its use of the words, "[w]hen . . . acting in a judicial capacity," we do not believe... | |
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When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose. 
