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Porter v. Dicken, 328 U.S. 252 (1946)
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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.
Porter v. Dicken, 328 U.S. 252 (1946)
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Porter v. Dicken No. 1118 Argued May 13, 1946 Decided May 27, 1946 328 U.S. 252
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Under § 205 of the Emergency Price Control Act, authorizing the Price Administrator to bring injunction proceedings to enforce the Act in either state or federal courts, a federal district court has jurisdiction to grant an injunction sought by the Price Administrator to restrain eviction of a tenant under an order of a state court where the Administrator alleges that eviction would violate the Act and regulations pursuant thereto -- notwithstanding § 265 of the Judicial Code, which forbids federal courts to grant injunctions to stay proceedings in state courts except in bankruptcy proceedings. Pp. 254-255.
Reversed and remanded.
A writ of possession to evict a tenant having been issued by a state court, the Price Administrator sued in a Federal District Court for an injunction to restrain the eviction. The District Court dismissed the suit for want of jurisdiction. The Circuit Court of Appeals denied an application for an injunction prohibiting the eviction pending an appeal to that Court. Before judgment of the Circuit Court of Appeals on the merits, this Court granted certiorari. 328 U.S. 827. Reversed and remanded, p. 255.
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Chicago:
U.S. Supreme Court, "Syllabus," Porter v. Dicken, 328 U.S. 252 (1946) in 328 U.S. 252 328 U.S. 253. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=58TS6HJHADLCEZ9.
MLA:
U.S. Supreme Court. "Syllabus." Porter v. Dicken, 328 U.S. 252 (1946), in 328 U.S. 252, page 328 U.S. 253. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=58TS6HJHADLCEZ9.
Harvard:
U.S. Supreme Court, 'Syllabus' in Porter v. Dicken, 328 U.S. 252 (1946). cited in 1946, 328 U.S. 252, pp.328 U.S. 253. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=58TS6HJHADLCEZ9.
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