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Fogarty v. United States, 340 U.S. 8 (1950)
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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.
Fogarty v. United States, 340 U.S. 8 (1950)
Fogarty v. United States No. 6 Argued October 10, 1950 Decided November 6, 1950 340 U.S. 8
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
In the circumstances of this case, held, that the corporation of which petitioner is trustee in bankruptcy and which had contracts with the Navy Department for the production of war materials, did not, on or before August 14, 1945, file with the Navy Department a "written request for relief" within the meaning of § 3 of the War Contract Hardship Claims Act of August 7, 1946, and therefore was not entitled to relief under that Act. Pp. 8-14.
(a) Congress intended the term "written request for relief" to mean written notice presented prior to August 14, 1945, to an agency which was authorized to grant relief under § 201 of the First War Powers Act. P. 13.
(b) No particular form of notice is required; but, whatever the form of notice, it must be sufficient to apprise the agency that it was being asked to grant extra-legal relief under the First War Powers Act for losses sustained in the performance of war contracts. P. 13.
(c) Documents which sought payment as a matter of right, not relief as a matter of grace, were not sufficient to apprise the Navy Department that it was being asked to accord relief under the First War Powers Act. P. 14.
176 F.2d 599, affirmed.
In a suit against the United States under the War Contract Hardship Claims Act of August 7, 1946, 60 Stat. 902, 41 U.S.C. § 106, the District Court entered summary judgment for the United States. 80 F.Supp. 90. The Court of Appeals affirmed. 176 F.2d 599. This Court granted certiorari. 339 U.S. 909. Affirmed, p. 14.
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Chicago: U.S. Supreme Court, "Syllabus," Fogarty v. United States, 340 U.S. 8 (1950) in 340 U.S. 8 340 U.S. 9. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=EHSUSWAEHK15ZI3.
MLA: U.S. Supreme Court. "Syllabus." Fogarty v. United States, 340 U.S. 8 (1950), in 340 U.S. 8, page 340 U.S. 9. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=EHSUSWAEHK15ZI3.
Harvard: U.S. Supreme Court, 'Syllabus' in Fogarty v. United States, 340 U.S. 8 (1950). cited in 1950, 340 U.S. 8, pp.340 U.S. 9. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=EHSUSWAEHK15ZI3.
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