Legal Opinion

United States v. Emery

District Court, S.D. California

Decided August 12, 1949No. 9819PublishedCited by 2 opinions

1Opinion of the Court

YANKWICH, District Judge.

The action is for treble damages, restitution and injunction. The defendants have filed a motion to dismiss. They attack the validity of the Housing and Rent Act of 1947 as amended, 50 U.S.C.A.Appendix, § 1881 et seq., and the right to institute the action.

I do not agree with the recent decision in the case of Woods v. Shoreline Cooperative Apartments, Inc., D.C., 84 F. Supp. 660, by the District Court for the Eastern Division of Illinois, wherein the Housing and Rent Act of 1949, 50 U.S.C. A.Appendix, § 1881 et seq., was held unconstitutional. The present Act follows…

2Cases cited10 opinions

  1. Carter v. Carter Coal Co.Supreme Court of the United States · 1936
  2. Fleming v. Mohawk Wrecking & Lumber Co.Supreme Court of the United States · 1947
  3. Creedon v. RandolphCourt of Appeals for the Fifth Circuit · 1948
  4. Redlands Foothill Groves v. JacobsDistrict Court, S.D. California · 1940
  5. Edwards v. United StatesCourt of Appeals for the Ninth Circuit · 1937

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3Cited by2 opinions

  1. United States v. BizeDistrict Court, D. Nebraska · 1949
  2. Woods v. GriggsDistrict Court, W.D. Missouri · 1950

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