This rule has already been applied by at least two state courts in cases arising out of the same receivership. Keehn v. Hi-Grade Coal Fuel Co., 1945, 41 A.2d 525, 23 N.J.Misc. 102, and Keehn v. Hodge Drive-It-Yourself, Inc., Ohio App. 1943, 53 N.E.2d 69. In striking the sum of $816.16 from the amount sued for by plaintiff, this court is not violating the rule of Miller v. Barnwell Bros.
The "predominant national concern," on occasion (e.g. Southern Pacific Company v. State of Arizona, supra) utilized as a formula for adjudging repugance, may well support the emergency action of Congress in interposing this Act, by subordinating, for a brief season, the narrow issue between local and interstate commerce to realistic considerations which penetrate beneath the words of our Constitution and divine its spirit. Our views find accord in the decisions of other state courts to which we are content merely to make citation: The following state cases discuss the South-Eastern Underwriters case and support our conclusion with reference to same: Prudential Ins. Co. v. Forbes, No. 25,224 in Circuit Ct. of Ingham County, Michigan, decided Aug. 21, 1945; Insurance Tax Cases, 160 Kan. 300, 161 P.2d 726; First Nat. Ben. Soc. v. Garrison (D.C.), 58 F. Supp. 972; Keehn v. Hi-Grade Coal Fuel Co., 23 N.J. Misc. 102, 41 A.2d 525; Ware v. Travelers Ins. Co., 9 Cir., 150 F.2d 463; Mendola v. Dineen, 185 Misc. 540, 57 N.Y.S.2d 219; Prudential Ins. Co. v. Benjamin, 66 S.Ct. 1142; Prudential Ins. Co. v. Murphy, 207 S.C. 324, 35 S.E.2d 586, (S. Car.); State v. Prudential Ins. Co. (Ind. Sup.), 64 N.E.2d 150. It is our considered conclusion that the Congress, by vouchsafing to the states a period of armistice within which to make orderly withdrawal from the field with salvage of its stores, has thereby constitutionally promoted the general welfare.