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The grounds upon which an administrative order must be judged are those upon which the record discloses that its action was based. 


In confining review to a judgment upon the validity of the grounds upon which the Agency itself based its action, courts do not disturb the settled rule that, in reviewing the decision of a lower court, it must be affirmed if the result is correct 'although the lower court relied upon a wrong ground or gave a wrong reason.' Helvering v. Gowran, 302 U. S. 238, 302 U. S. 245. The reason for this rule is obvious. It would be wasteful to send a case back to a lower court to reinstate a decision which it had already made, but which the appellate court concluded should properly be based on another ground within the power of the appellate court to formulate. But it is also familiar appellate procedure that, where the correctness of the lower court's decision depends upon a determination of fact which only a jury could make, but which has not been made, the appellate court cannot take the place of the jury. Like considerations govern review of administrative orders. If an ...

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