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United States v. Abilene & Southern Railway Co.

United States Supreme Court

265 U.S. 274 (1924)

Relevant factsFree

The ICC's rate order relied in part on railway carriers' annual reports that were on file with the agency by statutory requirement, and while the trial examiner stated he would refer to these reports, citing an ICC rule permitting notice of such reports, the reports themselves were never formally introduced into evidence during the proceeding, leaving the carriers without specific notice of which portions the examiner actually used.

IssueFree

Whether, when issuing an order, an administrative agency can rely on evidence that it did not introduce during the administrative proceeding.

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