Association of Data Processing Service Organizations, Inc v. Camp, No. 85

CourtUnited States Supreme Court
Writing for the CourtDOUGLAS
Citation90 S.Ct. 827,25 L.Ed.2d 184,397 U.S. 150
Docket NumberNo. 85
Decision Date03 March 1970
PartiesASSOCIATION OF DATA PROCESSING SERVICE ORGANIZATIONS, INC., et al., Petitioners, v. William B. CAMP, Comptroller of the Currency of the United States, et al

397 U.S. 150
90 S.Ct. 827
25 L.Ed.2d 184
ASSOCIATION OF DATA PROCESSING SERVICE ORGANIZATIONS, INC., et al., Petitioners,

v.

William B. CAMP, Comptroller of the Currency of the United States, et al.

No. 85.
Argued Nov. 18, 1969.
Decided March 3, 1970.

Bert M. Gross, for petitioners.

Alan S. Rosenthal, Washington, D.C., for respondents.

Page 151

Mr. Justice DOUGLAS delivered the opinion of the Court.

Petitioners sell data processing services to businesses generally. In this suit they seek to challenge a ruling by respondent Comptroller of the Currency that, as an incident to their banking services, national banks, including respondent American National Bank & Trust Company, may make data processing services available to other banks and to bank customers. The District Court dismissed the complaint for lack of standing of petitioners to bring the suit. 279 F.Supp. 675. The Court of Appeals affirmed. 406 F.2d 837. The case is here on a petition for writ of certiorari which we granted. 395 U.S. 976, 89 S.Ct. 2128, 23 L.Ed.2d 764.

Generalizations about standing to sue are largely worthless as such. One generalization is, however, necessary and that is that the question of standing in the federal courts is to be considered in the framework of Article III which restricts judicial power to 'cases' and 'controversies.' As we recently stated in Flast v. Cohen, 392 U.S. 83, 101, 88 S.Ct. 1942, 1953, 20 L.Ed.2d 947 '(I)n terms of Article III limitations on federal court jurisdiction, the question of standing is related only to whether the dispute sought to be

Page 152

adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution.' Flast was a taxpayer's suit. The present is a competitor's suit. And while the two have the same Article III starting point, they do not necessarily track one another.

The first question is whether the plaintiff alleges that the challenged action has caused him injury in fact, economic or otherwise. There can be no doubt but that petitioners have satisfied this test. The petitioners not only allege that competition by national banks in the business of providing data processing services might entail some future loss of profits for the petitioners, they also allege that respondent American National Bank & Trust Company was performing or preparing to perform such services for two customers for whom petitioner Data Systems, Inc., had previously agreed or negotiated to perform such services. The petitioners' suit was brought not only against the American National Bank & Trust Company, but also against the Comptroller of the Currency. The Comptroller was alleged to have caused petitioners injury in fact by his 1966 ruling which stated:

'Incidental to its banking services, a national bank may make available its data processing equipment or perform data processing services on such equipment for other banks and bank customers.' Comptroller's Manual for National Banks 3500 (October 15, 1966).

The Court of Appeals viewed the matter differently, stating:

'(A) plaintiff may challenge alleged illegal competition when as complainant it pursues (1) a legal interest by reason of public charter or contract, * * *

Page 153

(2) a legal interest by reason of statutory protection, * * * or (3) a 'public interest' in which Congress has recognized the need for review of administrative action and plaintiff is significantly involved to have standing to represent the public * * *.' 406 F.2d, at 842—843.1

Those tests were based on prior decisions of this Court, such as Tennessee Electric Power Co. v. TVA, 306 U.S. 118, 59 S.Ct. 366, 83 L.Ed. 543, where private power companies sought to enjoin TVA from operating, claiming that the statutory plan under which it was created was unconstitutional. The Court denied the competitors' standing, holding that they did not have that status 'unless the right invaded is a legal right,—one of property, one arising out of contract, one protected against tortious invasion, or one founded on a statute which confers a privilege.' Id., at 137—138, 59 S.Ct. at 369.

The 'legal interest' test goes to the merits. The question of standing is different. It concerns, apart from the 'case' or 'controversy' test, the question whether the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question. Thus the Administrative Procedure Act grants standing to a person 'aggrieved by agency action within the meaning of a relevant statute.' 5 U.S.C. § 702

Page 154

(1964 ed., Supp. IV). That interest, at times, may reflect 'aesthetic, conservational, and recreational' as well as economic values. Scenic Hudson Preservation Conference v. FCC, 2 Cir., 354 F.2d 608, 616; Office of Communication of United Church of Christ v. FCC, 123 U.S.App.D.C. 328, 334—340, 359 F.2d 994, 1000—1006. A person or a family may have a spiritual stake in First Amendment values sufficient to give standing to raise issues concerning the Establishment Clause and the Free Exercise Clause. Abington School District v. Schempp, 374 U.S. 203, 83 S.Ct. 1560, 10 L.Ed.2d 844. We mention these noneconomic values to emphasize that standing may stem from them as well as from the economic injury in which petitioners rely here. Certainly he who is 'likely to be financially' injured, FCC v. Sanders Bros. Radio Station, 309 U.S. 470, at 477, 60 S.Ct. 693, at 698, may be a reliable private attorney general to litigate the issues of the public interest in the present case.

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2556 practice notes
  • American Booksellers Ass'n, Inc. v. Schiff, Civ. 85-0966 BB.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 3, 1986
    ...sufficient to satisfy the requirement that injury in fact be alleged. Ass'n of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 152, 90 S.Ct. 827, 829, 25 L.Ed.2d 184 (1970); but see n. 2, supra. The plaintiffs' claims of deprivation of first amendment rights, notwithstand......
  • Doe v. U.S. Immigration & Customs Enforcement, 19-cv-8892 (AJN)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 28, 2020
    ...v. Patchak , 567 U.S. 209, 224, 132 S.Ct. 2199, 183 L.Ed.2d 211 (2012) (quoting Ass'n of Data Processing Serv. Orgs., Inc. v. Camp , 397 U.S. 150, 153, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) )."[A] statutory cause of action extends only to plaintiffs whose interests ‘fall within the zone of in......
  • Grand Canyon Trust v. Williams, No. CV–13–08045–PCT–DGC.
    • United States
    • U.S. District Court — District of Arizona
    • April 7, 2015
    ...of interests to be protected or regulated by the statute ... in question.’ ” Id. (quoting Ass'n of Data Processing Serv. Orgs. v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) ). This test “is not meant to be especially demanding; in particular, there need be no indication of......
  • Associated General Contractors v. Otter Tail Power, Civ. No. A78-1009.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • November 6, 1978
    ...AFL-CIO, 547 F.2d 197, 199 (2d Cir. 1977). The Supreme Court, in Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970), created a two-part test for standing. Standing exists if "the plaintiff alleges that the challenged action ......
  • Request a trial to view additional results
2555 cases
  • American Booksellers Ass'n, Inc. v. Schiff, Civ. 85-0966 BB.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 3, 1986
    ...sufficient to satisfy the requirement that injury in fact be alleged. Ass'n of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 152, 90 S.Ct. 827, 829, 25 L.Ed.2d 184 (1970); but see n. 2, supra. The plaintiffs' claims of deprivation of first amendment rights, notwithstand......
  • Doe v. U.S. Immigration & Customs Enforcement, 19-cv-8892 (AJN)
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 28, 2020
    ...v. Patchak , 567 U.S. 209, 224, 132 S.Ct. 2199, 183 L.Ed.2d 211 (2012) (quoting Ass'n of Data Processing Serv. Orgs., Inc. v. Camp , 397 U.S. 150, 153, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) )."[A] statutory cause of action extends only to plaintiffs whose interests ‘fall within the zone of in......
  • Grand Canyon Trust v. Williams, No. CV–13–08045–PCT–DGC.
    • United States
    • U.S. District Court — District of Arizona
    • April 7, 2015
    ...of interests to be protected or regulated by the statute ... in question.’ ” Id. (quoting Ass'n of Data Processing Serv. Orgs. v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970) ). This test “is not meant to be especially demanding; in particular, there need be no indication of......
  • Associated General Contractors v. Otter Tail Power, Civ. No. A78-1009.
    • United States
    • United States District Courts. 8th Circuit. United States District Courts. 8th Circuit. District of South Dakota
    • November 6, 1978
    ...AFL-CIO, 547 F.2d 197, 199 (2d Cir. 1977). The Supreme Court, in Association of Data Processing Service Organizations, Inc. v. Camp, 397 U.S. 150, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970), created a two-part test for standing. Standing exists if "the plaintiff alleges that the challenged action ......
  • Request a trial to view additional results
1 books & journal articles
  • OVERSIGHT RIDERS.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 1, November 2021
    • November 1, 2021
    ...text accompanying notes 146-150. (191) See 5 U.S.C. [section] 702 (2018); see also Ass'n of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, (192) Metzger, supra note 19, at 1088; see also STIFF, supra note 30, at 40. (193) 31 U.S.C. [section] 1341 (a) (1) (A) (2018). (194) 31 U.S.C......

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