Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)
Contents:
Show Summary
Hide Summary
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.
Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 325 U.S. 398, click here.
Bowles v. Seminole Rock & Sand Co. No. 914 Argued April 26, 27, 1945 Decided June 4, 1945 325 U.S. 410
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Under Rule (i) of § 1499.163(a)(2) of Maximum Price Regulation No. 188, issued by the Administrator of the Office of Price Administration under § 2(a) of the Emergency Price Control Act of 1942, a seller’s ceiling price for an article which was actually delivered during March, 1942, is the highest price charged for the article so delivered, regardless of when the sale or charge was made. P. 416.
2. In interpreting an administrative regulation, a court must necessarily look to the administrative construction of the regulation if the meaning of the words used is in doubt. The intention of Congress or the principles of the Constitution in some situations may be relevant in the first instance in choosing between various constructions. But the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation. Pp. 413-414.
3. This Court does not here determine the constitutionality or statutory validity of the regulation as so construed (matters determinable in the first instance by the Emergency Court of Appeals), nor any question of hardship of enforcement of such ceiling price (the procedure for relief therefrom being prescribed by § 2(c) of the Act and § 1499.161 of the Regulation). P. 418.
145 F.2d 482 reversed.
Certiorari, 324 U.S. 835, to review a judgment affirming the dismissal of a suit by the Price Administrator to enjoin the respondent from violation of the Emergency Price Control Act of 1942 and Regulations issued pursuant thereto.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945) in 325 U.S. 410 325 U.S. 411. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=NHMNLV1C4JKTCLU.
MLA: U.S. Supreme Court. "Syllabus." Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945), in 325 U.S. 410, page 325 U.S. 411. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=NHMNLV1C4JKTCLU.
Harvard: U.S. Supreme Court, 'Syllabus' in Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). cited in 1945, 325 U.S. 410, pp.325 U.S. 411. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=NHMNLV1C4JKTCLU.
|