How does the abuse of discretion standard apply where the facts are of controlling relevance?
MultiRegion, United States of America
The following excerpt is from Hsu By and Through Hsu v. Roslyn Union Free School Dist. No. 3, 85 F.3d 839 (2nd Cir. 1996):
Id. at 757, 106 S.Ct. at 2177; see also Blum, 18 F.3d at 1010 ("abuse of discretion" standard applies "[w]here the facts are of controlling relevance"). Judge Friendly offered a similar explanation in applying "a broad standard of review" in Donovan v. Bierwirth, 680 F.2d 263, 270 (2d Cir.), cert. denied, 459 U.S. 1069, 103 S.Ct. 488, 74 L.Ed.2d 631 (1982):
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