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Smucker v. Nassau County

UNITED STATES COURT OF APPEALS SECOND CIRCUIT


decided.: June 26, 1950.

SMUCKER ET AL.
v.
NASSAU COUNTY, NEW YORK.

Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.

Per Curiam.

The approval of the selection by the trustees of consulting engineers is peculiarly a part of the reorganization administration entrusted to the district judge. We must not interfere with such an administrative decision, absent clear proof of an "abuse" of discretion. There is no such proof here. The unusually painstaking and able judge has made detailed findings of the facts, findings supported by substantial evidence. Those findings justify his decision.*fn1

We are sure that the judge, aware of the importance of the duties assigned to these engineers, will carefully scrutinize their reports, and that, if, in the future, he discovers any signs of prejudice, he will do the needful.

Affirmed.


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