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Levers v. Anderson, 326 U.S. 219 (1945)
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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.
Levers v. Anderson, 326 U.S. 219 (1945)
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Levers v. Anderson No. 51 Argued October 16, 1945 Decided November 5, 1945 326 U.S. 219
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT
Syllabus
1. An application for a rehearing before a District Supervisor of the Alcohol Tax Unit of the Bureau of Internal Revenue, who had entered orders annulling a permit to operate a wholesale liquor business and denying applications for importer’s and wholesaler’s permits, is not a prerequisite to the judicial review specifically provided by § 4(h) of the Federal Alcohol Administration Act. Pp. 220, 224.
2. Hearings were held and evidence was taken before a hearing commissioner, petitioner being represented by counsel. The hearing commissioner made findings of fact which were approved by the District Supervisor without affording petitioner an opportunity to except to them. On the basis of these findings, the District Supervisor entered orders annulling an existing permit and denying applications for others, without affording petitioner an opportunity to argue orally before him. The Treasury regulations authorize, but do not require, the District Supervisor to grant a rehearing. Nor do they require him to afford petitioner an opportunity, on rehearing, to argue orally before him. Nor was there satisfactory proof of a publicly established practice assuring that such opportunities would be afforded.
Held: that petitioner need not apply for such an administrative rehearing before seeking the judicial review specifically provided by the statute. P. 223.
147 F.2d 547, reversed.
Certiorari, 325 U.S. 844, to review a judgment dismissing an appeal from an order of the District Supervisor of the Alcohol Tax Unit of the Bureau of Internal Revenue annulling an existing permit and denying other permits under the Federal Alcohol Administration Act.
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Chicago: U.S. Supreme Court, "Syllabus," Levers v. Anderson, 326 U.S. 219 (1945) in 326 U.S. 219 326 U.S. 220. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HHCKELXFVJUXR9M.
MLA: U.S. Supreme Court. "Syllabus." Levers v. Anderson, 326 U.S. 219 (1945), in 326 U.S. 219, page 326 U.S. 220. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HHCKELXFVJUXR9M.
Harvard: U.S. Supreme Court, 'Syllabus' in Levers v. Anderson, 326 U.S. 219 (1945). cited in 1945, 326 U.S. 219, pp.326 U.S. 220. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HHCKELXFVJUXR9M.
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