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Utah Junk Co. v. Porter, 328 U.S. 39 (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.
Utah Junk Co. v. Porter, 328 U.S. 39 (1946)
Utah Junk Co. v. Porter No. 400 Argued February 26, 1946 Decided April 22, 1946 328 U.S. 39
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the price control legislation apply equally to a regulation that has been revised and to a new regulation where the superseded regulation continues to govern the validity of transactions that occurred under its rule.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 The contentions that the Administrator ought not to be burdened with issues arising under superseded regulations, and that the protestant here could test the validity of the price schedule by other procedures, do not warrant the construction urged by the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.
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Chicago:
U.S. Supreme Court, "Syllabus," Utah Junk Co. v. Porter, 328 U.S. 39 (1946) in 328 U.S. 39 328 U.S. 40. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=7IQUN5YIS259DJY.
MLA:
U.S. Supreme Court. "Syllabus." Utah Junk Co. v. Porter, 328 U.S. 39 (1946), in 328 U.S. 39, page 328 U.S. 40. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=7IQUN5YIS259DJY.
Harvard:
U.S. Supreme Court, 'Syllabus' in Utah Junk Co. v. Porter, 328 U.S. 39 (1946). cited in 1946, 328 U.S. 39, pp.328 U.S. 40. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=7IQUN5YIS259DJY.
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