Utah Junk Co. v. Porter, 328 U.S. 39 (1946)

CERTIORARI TO THE EMERGENCY COURT OF APPEALS

Syllabus

1. The amendment of § 203(a) of the Emergency Price Control Act of 1942 by § 106 of the Stabilization Act of 1944 authorized any person subject to a price schedule to file a protest "at any time."

Held that, although the time within which a protest could be filed under the original Act had expired, a person whose rights were affected was entitled to file a protest under the amendatory Act notwithstanding that the basis of his objection to the price schedule had been removed prospectively by modification of the price schedule prior to the filing of the protest. P. 43.

2. The considerations of fairness which led Congress to liberalize the right of protest under the price control legislation apply equally to a regulation that has been revised and to a new regulation where the superseded regulation continues to govern the validity of transactions that occurred under its rule. P. 44.

3. The contentions that the Administrator ought not to be burdened with issues arising under superseded regulations, and that the protestant here could test the validity of the price schedule by other procedures, do not warrant the construction urged by the Administrator. Pp. 44-45.

150 F.2d 963 reversed.

The Price Administrator denied a protest filed with him by the petitioner under the Emergency Price Control Act. The Emergency Court of Appeals dismissed petitioner’s complaint. 150 F.2d 963. This Court granted certiorari. 326 U.S. 710. Reversed, p. 45.