Unexcelled Chemical Corp. v. United States, 345 U.S. 59 (1953)

Name: Unexcelled Chemical Corp. v. United States, 345 U.S. 59 (1953) - Syllabus
Author: U.S. Supreme Court

Unexcelled Chemical Corp. v. United States

No. 293

Argued January 9, 1953
Decided March 9, 1953
345 U.S. 59

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. An action brought by the United States under the Walsh-Healey Act to recover liquidated damages from a government contractor who knowingly employed child labor in violation of the Act is subject to the two-year statute of limitations contained in § 6 of the Portal-to-Portal Act of 1947. Pp. 60-64.

2. Within the meaning of § 6 of the Portal-to-Portal Act, the cause of action in this case "accrued" when the minors were employed, not when it had been administratively determined that the contractor was liable to the United States for liquidated damages. Pp. 65-66.

3. That the power of the United States to safeguard the public interest may be prejudiced does not justify a construction of the statute at war with its clear and unambiguous words. P. 66.

4. For the purpose of § 6 of the Portal-to-Portal Act, an action is commenced on the date when the complaint in the lawsuit is filed, not when the administrative proceedings under the Walsh-Healey Act are initiated. P. 66.

196 F.2d 264, reversed.

An action brought against petitioner by the United States under the Walsh-Healey Act was dismissed by the District Court as barred by limitations. 99 F.Supp. 155. The Court of Appeals reversed. 196 F.2d 264. This Court granted certiorari. 344 U.S. 862. Reversed, p. 66.

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Chicago: U.S. Supreme Court, "Syllabus," Unexcelled Chemical Corp. v. United States, 345 U.S. 59 (1953) in 345 U.S. 59 345 U.S. 60. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FE79LQJVL5RK9AU.

MLA: U.S. Supreme Court. "Syllabus." Unexcelled Chemical Corp. v. United States, 345 U.S. 59 (1953), in 345 U.S. 59, page 345 U.S. 60. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FE79LQJVL5RK9AU.

Harvard: U.S. Supreme Court, 'Syllabus' in Unexcelled Chemical Corp. v. United States, 345 U.S. 59 (1953). cited in 1953, 345 U.S. 59, pp.345 U.S. 60. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FE79LQJVL5RK9AU.

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