Taylor v. Porter

4 Citing cases

  1. Chippewa County Co-op. Dairy v. Clark

    163 F.2d 753 (Fed. Cir. 1947)   Cited 3 times

    Otherwise this court would be called upon to exercise the function of reviewing the determinations of the trial court as to interpretation and construction of the Act and the regulations promulgated thereunder. Under the Act creating our authority, we have no such jurisdiction, except in a limited sense, where necessary to determine complainant's right to attack validity. Collins v. Porter, 1946, 328 U.S. 46, 66 S.Ct. 893, 90 L.Ed. 1075; Conklin Pen Co. v. Bowles, Em.App., 152 F.2d 764; Gordon v. Bowles, Em.App., 153 F.2d 614; Van Der Loo v. Porter, Em.App., 160 F.2d 110, certiorari denied 329 U.S. 774, 67 S.Ct. 193; Auerbach v. Fleming, Em.App., 161 F.2d 207, certiorari denied 67 S.Ct. 1742; Taylor v. Porter, Em.App., 156 F.2d 805, certiorari denied 329 U.S. 782, 67 S.Ct. 203. Thus the district court has found that concentrated skim milk is a food commodity processed from cows' milk composed of milk ingredients constituting more than 50 per cent of weight or volume and concluded as a matter of law that the price of concentrated skim milk was governed by Maximum Price Regulation No. 280 during the period when the alleged violations occurred. If those determinations are erroneous, that error can be reached only by appeal to the United States Circuit Court of Appeals for the Seventh Circuit. Complainant's claim that the regulation did permit increase in ceilings of manufactured dairy products based upon increased cost of raw milk as related to the contention of complainant that the regulation worked unlawful discrimination, will be mentioned in our discussion of validity. Complainant contends that the regulation is not generally fair and equitable and is unduly discriminatory.

  2. In re Rice

    165 F.2d 617 (D.C. Cir. 1947)   Cited 6 times

    Those questions are left to the District Court for determination in enforcement or declaratory actions." Compare Taylor v. Porter, Em.App., 156 F.2d 805, and Collins v. Bowles, Em.App., 152 F.2d 760. That the Emergency Price Control Act of 1942 did not apply to an unregulated common carrier having been settled by Dunham Reid, Inc., et al. v. Porter, our only task here has been, as we said at the outset, to ascertain whether Rice was a common carrier. Of that we have no doubt. The opinion heretofore handed down in this case is vacated, and the order of the District Court is reversed.

  3. Reconstruction Finance Corp. v. Foust Distilling Co.

    103 F. Supp. 167 (M.D. Pa. 1952)   Cited 5 times

    Case v. Bowles, 327 U.S. 92 at page 98, 66 S.Ct. 438, 90 L.Ed. 552. As to the constitutionality of the Act itself, see cases cited in the previous paragraph and see Bowles v. American Brewery, Inc., 4 Cir., 146 F.2d 842 at page 844; cf. Taylor v. United States, 9 Cir., 142 F.2d 808 at page 817, certiorari denied 323 U.S. 723, 65 S.Ct. 56, 89 L.Ed. 581; Taylor v. Porter, Em.App., 156 F.2d 805 at page 809, certiorari denied 329 U.S. 792, 67 S.Ct. 203, 91 L.Ed. 671; Speten v. Bowles, 8 Cir., 146 F.2d 602, certiorari denied 324 U.S. 877, 65 S.Ct. 1023, 89 L.Ed. 1429; Shyman v. Fleming, 9 Cir., 163 F.2d 461 at page 463.

  4. United States v. Ericson

    102 F. Supp. 376 (D. Minn. 1951)   Cited 3 times

    " See also Yakus v. United States, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834, to the same effect; Case v. Bowles, 327 U.S. 92, 66 S.Ct. 438, 90 L.Ed. 552; and Bowles v. Willingham, 321 U.S. 503, 64 S.Ct. 641, 88 L.Ed. 892. Nor is there any apparent merit to the contention of Commissioner, submitted in his re-amended answer that there is a denial of due process in violation of the 5th Amendment to the Constitution. This contention is disposed of in Taylor v. Porter, 156 F.2d 805, an Emergency Court of Appeals decision by Judge Maris, who wrote the opinion of the majority in the Lockerty case which was a three-judge court originally, see Lockerty v. Phillips, D.C., 49 F. Supp. 513, 515. In the Lockerty case he had this to say: "We conclude by section 204(d) Congress has withdrawn from this court the jurisdiction and power to grant the injunction prayed for. That Congress had power thus to limit the jurisdiction of an inferior court of the United States is settled."