Legal Opinion · Dissent

DeVries v. Acree

Court of Appeals for the Ninth Circuit

Decided November 30, 1977No. 76-3238Published

1DissentKilkenny, Circuit Judge

Because I believe the majority relies on the wrong statute and that 19 C.F.R. §§ 145.1 and 145.2 were promulgated to implement the provisions of 19 U.S.C. § 1581, rather than 19 U.S.C. § 482, I dissent.

DISCUSSION OF STATUTES

A proper analysis of the history of the two statutes is crucial to a sound disposition *580of this case. The parents of both statutes were initially enacted as §§ 2 and 3 of Chapter 201, 39th Congress, Session 1,1866, 14 Stat. 178. The forerunner of 19 U.S.C. § 1582, authorizing the promulgation of regulations to implement the two sections was part and parcel of the same…

2Cases cited16 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Almeida-Sanchez v. United StatesSupreme Court of the United States · 1973
  4. Morton v. RuizSupreme Court of the United States · 1974
  5. United States v. MenascheSupreme Court of the United States · 1955

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