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Rex Trailer Co., Inc. v. United States, 350 U.S. 148 (1956)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Rex Trailer Co., Inc. v. United States, 350 U.S. 148 (1956)
Rex Trailer Co., Inc. v. United States No. 46 Argued December 5, 1955 Decided January 9, 1956 350 U.S. 148
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
In an action based on § 26(b)(1) of the Surplus Property Act of 1944, the United States recovered $2,000 on each of five counts of a complaint charging petitioner with fraudulent purchases of motor vehicles. Petitioner had previously pleaded nolo contendere to a 5-count indictment arising out of the same five transactions, and paid fines aggregating $25,000.
Held:
1. The recovery under 26(b)(1) is civil in nature, and did not put petitioner twice in jeopardy in violation of the Fifth Amendment. Pp. 148-162.
2. The failure of the Government to allege specific damages did not preclude the recovery here. Pp. 152-153.
3. On the record in this case, it cannot be said that the measure of recovery fixed by Congress in the Act is so unreasonable or excessive that it transformed the civil remedy into a criminal penalty. Pp. 153-154.
218 F.2d 880 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Rex Trailer Co., Inc. v. United States, 350 U.S. 148 (1956) in 350 U.S. 148 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=59MP9DKUVPDU8AW.
MLA: U.S. Supreme Court. "Syllabus." Rex Trailer Co., Inc. v. United States, 350 U.S. 148 (1956), in 350 U.S. 148, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=59MP9DKUVPDU8AW.
Harvard: U.S. Supreme Court, 'Syllabus' in Rex Trailer Co., Inc. v. United States, 350 U.S. 148 (1956). cited in 1956, 350 U.S. 148. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=59MP9DKUVPDU8AW.
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