Eastern States Petroleum Corporation v. William P. Rogers, Attorney General of the United States

BAZELON, Circuit Judge.

This appeal from the District Court relates to appellant’s attack, begun in the United States Customs Court some eight years ago, upon the tax rate imposed upon petroleum imports between January 1. 1951 and October 11, 1952. The Customs Court proceedings were stayed pending the outcome of two other cases raising substantially identical questions. The importers in these cases contended that the President’s proclamation increasing the duty from one-fourth to one-half cent per gallon was contrary to statute and an unconstitutional exercise of power. 1 The Court of Customs…