Gold-Form v. Bowles

1 Citing case

  1. Porter v. Eastern Sugar Associates

    159 F.2d 299 (4th Cir. 1947)   Cited 8 times

    The result is that it has been uniformly held or assumed in the decisions that individual pricing orders, as well as individual rent orders, which latter are covered by Section 2(b) of the Act, fall within the exclusive jurisdictional provision of Section 204(d); and the Emergency Court of Appeals has taken jurisdiction of protest proceedings against individual orders. See Bowles v. Carothers, 5 Cir., 152 F.2d 603, certiorari denied 66 S.Ct. 1349; Martini v. Porter, 9 Cir., 157 F.2d 35; Porter v. Senderowitz, 3 Cir., 158 F.2d 435. Individual rent orders were considered in Bowles v. Willingham, 321 U.S. 503, 509, 510, 521, 64 S.Ct. 641, 88 L.Ed. 892; Bowles v. Meyers, 4 Cir., 149 F.2d 440; Bowles v. Lake Lucerne Plaza, 5 Cir., 148 F.2d 967, certiorari denied 326 U.S. 726, 66 S.Ct. 31; Porter v. McRae, 10 Cir., 155 F.2d 213. Individual pricing orders have been considered by the Emergency Court of Appeals in protest proceedings in GoldForm, Inc., v. Bowles, Em.App., 152 F.2d 107; Saunders Petroleum Co. v. Bowles, Em.App., 152 F.2d 112; Conklin Pen Co. v. Bowles, Em.App., 152 F.2d 764; Pacific Gas Corp. v. Bowles, Em.App., 153 F.2d 453. It is also contended that the order of September 13, 1944 is invalid on its face, and therefore the District Judge had jurisdiction to pass upon the effect of the order and was not obliged to refer it to the Emergency Court of Appeals. The Supreme Court in Yakus v. United States, 321 U.S. 414, 446, 447, 64 S.Ct. 660, 88 L. Ed. 834, noticed but did not decide the question whether in the case of a criminal violation of a price regulation the person charged may be deprived of the defense that the regulation was unconstitutional on its face.