S.S. Silberblatt, Inc. v. Renegotiation Board

Full title: S.S. SILBERBLATT, INC. and The Sterling Company, Appellants, v. The…

Court: United States Court of Appeals, Second Circuit

Date published: May 5, 1970

426 F.2d 290 (2d Cir. 1970)

Opinion

No. 517, Docket 33613.

Argued April 20, 1970.

Decided May 5, 1970.

Charles H. Tuttle, New York City (Breed, Abbott Morgan, Edward J. Ross and Miriam C. Feigelson, New York City, of counsel), for appellants.

Ronald R. Glancz, Atty., Dept. of Justice, Washington, D.C. (William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D.C., of counsel), for appellee.

Before MOORE and SMITH, Circuit Judges, and WEINFELD,^_ District Judge.

_ Of the Southern District of New York, sitting by designation.

PER CURIAM.

The decision of the Tax Court, holding (1) the provisions of the Renegotiation Act of 1951, as amended (50 U.S.C. App. § 1211 et seq.) to be applicable to excessive profits realized under a Capehart Act housing contract ( 42 U.S.C. § 1594-1594k ; 12 U.S.C. § 1748-1748h-3) and (2) such application to be constitutional, is affirmed on the opinion of Judge Mulroney, reported at 51 T.C. No. 89 (March 4, 1969).