Streck v. Fleming

WHAM, District Judge.

This case is before me upon motion of the defendants to dismiss the complaint upon jurisdictional grounds. As essential to the maintenance of plaintiffs’ suit they seek to have adjudged invalid Regulation No. 3 issued by the Reconstruction Finance Corporation under Section 2(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 902(e), in pursuance of Directive 41 issued by the Director of the Office of Economic Stabilization. If said Regulation No. 3 be not declared to be invalid, as prayed, the complaint cannot be sustained upon its merits.…