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Zuber Vs. Allen
Cites for this judgment
- US Supreme Court
- Dec 09, 1969
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U.S. 168 (1969) U.S. Supreme Court Zuber v. AllenSearch
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U.S. 168 (1969) Zuber v. AllenSearch
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Pp. 396 U. S. 188 -191. 3. This holding does not depart from the Court's precedents. United States v. RockSearch
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Royal Co-op., 307 U. S. 533 , distinguished. To the extent that Green Valley Creamery v. UnitedSearch
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broad delegation of power under the National Industrial Recovery Act provisions, 48 Stat. 195. Schechter Poultry Corp. v. UnitedSearch
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has apparently abandoned all but one of the numerous theories advanced below, and pressed most vigorously in the Blair v. FreemanSearch
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See Addison v. HollySearch
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attribute to Congress an intent to compensate for inefficient allocation of economic resources. Cf. West Ohio Gas Co. v. Comm'nSearch
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s precedents. No opinion of this Court has ever explicitly approved the nearby differential. Reliance on United States v. RockSearch
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Id. at 307 U. S. 567 . The narrow reach of our Rock Royal holding was recognized in Stark v. PageSearch
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a competitive disadvantage. Our attention is also drawn to the First Circuit's decision in Green Valley Creamery v. UnitedSearch
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of the nearby differential. To the extent the First Circuit's view is contrary to our present holding, we disapprove it. v. SIGNIFICANCESearch
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to a departmental construction of its own enabling legislation, especially a contemporaneous construction, see Udall v. TallmanSearch
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Power Reactor Co. v. ElectriciansSearch
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participated in drafting and directly made known their views to Congress in committee hearings. See Power Reactor Co. v. ElectriciansSearch
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United States v. AmericanSearch
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general purposes and policies underlying the legislation. Page 396 U. S. 193 See American Power & Light Co. v. SECSearch
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that this Court found persuasive in Udall v. TallmanSearch
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in connection with particular leases, the Court noted that it would not attribute ratification to Congress. Udall v. TallmanSearch
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a request by the Government. Counsel for the Department has advanced no new theory for sustaining the order. Cf. SEC v. ChenerySearch
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Corp., 318 U. S. 80 , 318 U. S. 2 (1943). Unlike Addison v. HollySearch
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Court. This is a fair solution, and one this Court will not disturb. Petitioners have been on notice since Blair v. FreemanSearch
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Together with No. 52, Hardin, Secretary of Agriculture v. AllenSearch
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referred us to the testimony and record compiled in an action brought in the Northern District of New York, Cranston v. FreemanSearch
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Lehigh Valley Cooperative v. UnitedSearch
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United States v. RockSearch
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H. P. Hood & Sons v. UnitedSearch
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courts have also been plagued by the milk problem. See especially Judge Frank's lament, Queensboro Farm Prods. v. WickardSearch
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Blair v. FreemanSearch
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Green Valley Creamery v. UnitedSearch
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of fluid milk sales. Such was apparently the case in the New Jersey order invalidated by the Court of Appeals in Blair v. FreemanSearch
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of Federal Regulation of Milk Markets, 10 J.Law & Econ. 51, 64-65 (1967). Here, however, unlike the situation in Blair v. FreemanSearch
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To eliminate questions of improper delegation of legislative authority raised by the decisions in Schechter et al. v. UnitedSearch
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H.R.Rep. No. 1241, supra, at 8. See Brannan v. StarkSearch
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Emphasis supplied.) H.R.Rep. No. 1241, supra, at 10. In Brannan v. StarkSearch
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See Brannan v. StarkSearch
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Girouard v. UnitedSearch
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in the wake of unsuccessful attempts to eliminate an offending interpretation by amendment. See, e.g., Girouard v. UnitedSearch
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Judge Frank expressed the view in Queensboro Farm Prods. v. WickardSearch
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Allegan County v. FPCSearch
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U.S.App.D.C. 229, 414 F.2d 1125 (1969), with Marine Space Enclosures v. FMCSearch
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In May, 1935, this Court held, in Schechter Poultry Corp. v. UnitedSearch
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that the location differential is authorized by the Act finds support in other judicial decisions. In United States v. RockSearch
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nearby differential of the Boston order involved here was also approved by the First Circuit in Green Valley Creamery v. UnitedSearch
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supported by substantial evidence in the administrative record considered in its entirety. Cf. Universal Camera Corp. v. NLRBSearch
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In United States v. ButlerSearch
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of the A.A.A. invalid, and some district courts then held that the entire Act was invalid. E.g., United States v. DavidSearch
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