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spec: Doninger claims that the rejection of the JD 1801 canvas hamper it proposed was arbitrary , capricious and an abuse of discretion since that hamper is equal to or superior to the PS 1046 canvas hamper . The trial court granted the motion to suppress , finding the stop and detention to have been wholly capricious , and therefore violative of the Fourth Amendment . '' said he at length . If following such a transfer fifty percent or less of the interest in the franchise would be owned by persons who meet the franchisor 's reasonable current qualifications , the franchisor may refuse to authorize the transfer , provided that enforcement of the reasonable current qualifications is not arbitrary or capricious . `` '' Setting up a fully-calibrated working environment , from scanner to camera to screen to press , can be a daunting task since each piece of the puzzle needs to be right for it to work but the author does a very good job of explaining these techniques while keeping the tone light . Tong Shan-hao , the worst of the bandits , was politically an obtuse , brutal and capricious man , and was easily bribed by the Japanese strategists . There are notes all over the map about various agreements between the Native Americans and the French and British . The Senate Committee report first noted that the proposed amendment would authorize review to determine whether the action was or was not in accordance with law - - " for example , that it violates an unqualified and specific ' shall ' command in the Act. " The report , however , then noted that it also would authorize review when the alleged failure to act was arbitrary , capricious , or an abuse of discretion , that is , where conclusions from the evidence before the Administrator , rather than just a command in the statute , formed the basis of the legal compulsion to act . Gartner 's Litan said much the same , noting that `` the appeal of the Internet is how easily you can collect the necessary pieces of information . '' So was there ever a `` tradition of restraint , '' as claimed by Haynes in his memo ?