Establishing Good Faith as a Defense in Certain Cases: Hearing Before a Subcommittee, Eighty-third Congress, Second Session, on S. 1752, July 1, 1954Considers legislation to authorize use of good faith reliance on Government administrative opinions or directions as a valid civil defense. |
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83d Congress action actual damages administering that law administrative law administrative or judicial agency responsible American Bar Association authorized to issue believe bill provides bill to establish Chairman citizen class of persons classes of officials COLLINS Columbia Law Review Commission Committee contracting officers contractor CRAGUN D. C. DEAR SENATOR damages or penalties DEAR SENATOR LANGER Department of Defense effect employers enactment equitable estoppel establish good faith estoppel in appropriate expected to seek farmer Government for damages HERMAN WELKER individual interpretation issue written statements JOHN MARSHALL BUTLER judicial review Judiciary legislation liability for damages ment Navy November 24 official advice opinion PAT MCCARRAN period reasonably required person could reasonably person for actual person from liability person had notice promulgated to guide proposed regulations request responsible for administering Secretary section of administrative Securities seek administrative statement was promulgated statutes SUBCOMMITTEE third person United States Government United States Senate Washington 25 WILLIAM LANGER
Popular passages
Page 2 - Commission, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
Page 4 - Whatever the form in which the government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority.
Page 19 - Statutes, as amended, and for other purposes, has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense.
Page 2 - No tax shall be levied, assessed, or collected under the provisions of Title VI of this Act on any article sold or leased by the manufacturer, producer, or importer, if at the time of the sale or lease there was an existing ruling, regulation, or Treasury decision...
Page 4 - Regulations were binding on all who sought to come within the Federal Crop Insurance Act, regardless of actual knowledge of what is in the Regulations or of the hardship resulting from innocent ignorance. The oft-quoted observation in Rock Island, Arkansas & Louisiana Railroad Co. v. United States, 254 US 141, 143, that "Men must turn square corners when they deal with the Government," does not reflect a callous outlook.
Page 3 - An employee entitled to the benefits of subsection (a) of this section is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay...
Page 1 - Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, 321 US 590, 597, 598, 64 S.Ct.
Page 19 - Act of 1950, the Defense Housing and Community Facilities and Services Act of 1951, as amended, and...
Page 19 - In order to assure coordination of administration and consistency of enforcement of the labor standards provisions of each of the following Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures...