Fleming v. Moberly Milk Products Co.

(dissenting) .

I think the judgment should be reversed for three reasons, each independent of the other two.

1. The District Court had no jurisdiction to review the Administrator’s order. The Administrator’s authority to ration sugar is derived from § 301 of the Second War Powers Act, 56 Stat. 177, 50 U.S.C.A. Appendix, § 633. This, same section as amended, 58 Stat. 827, 50 U.S.C.A.Appendix, § 633, provides that “The district courts of the United States are hereby given exclusive jurisdiction to enjoin or set aside, in whole or in part, any order suspending any priority or allocation * * * This *272…