Utah Junk Company v. Porter

by Felix Frankfurter

United States Supreme Court

328 U.S. 39

Utah Junk Company  v.  Porter

 Argued: and Submitted Feb. 26, 1946. --- Decided: April 22, 1946

The 1944 amendment to Emergency Price Control Act of 1942, permitting a protest against any provision of a price schedule issued by the Price Administrator to be filed at any time after effective date of schedule, permits a right of protest which has expired through nonuser under the act of 1942. Emergency Price Control Act 1942, § 203, as amended by Stabilization Extension Act 1944, § 106, 50 U.S.C.A.Appendix § 923.

The 1944 amendment to Emergency Price Control Act of 1942 permitting a protest against any provision of a price schedule issued by Price Administrator to be filed at any time after effective date of schedule authorizes a protest without a time limit against both a price schedule that is contemporaneously active and a price schedule that has been superseded, but continues to govern validity of transaction occurring while the schedule was in force. Emergency Price Control Act of 1942, § 203, as amended by Stabilization Extension Act 1944, § 106, 50 U.S.C.A.Appendix § 923.

Mr. Keith L. Seegmiller, of Washington, D.C., for petitioner.

Mr. Richard H. Field, of Washington, D.C., for respondent.

Mr. Justice FRANKFURTER delivered the opinion of the Court.

Notes