Legal Opinion

Rottenberg v. United States

Court of Appeals for the First Circuit

Decided August 23, 1943No. 3885, 3892PublishedCited by 27 opinions

1Opinion of the Court

MAGRUDER, Circuit Judge.

In these criminal prosecutions for violations of § 4(a) of the Emergency Price Control Act, 56 Stat. 28, 50 U.S.C.A.Appendix § 904(a), by making sales at prices in excess of those prescribed by an applicable price regulation, the question is squarely presented whether, or to what extent, the trial court may entertain a defense based upon the alleged invalidity of the regulation. The point was left open in Lockerty v. Phillips, 63 S.Ct. 1019, 87 L. Ed.-, decided May 10, 1943.

No. 3885 embraces two indictments, one against Rottenberg, who was president and treasurer of B.…

2Cases cited20 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  3. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  4. Hirabayashi v. United StatesSupreme Court of the United States · 1943
  5. Sunshine Anthracite Coal Co. v. AdkinsSupreme Court of the United States · 1940

15 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Zimberg v. United StatesCourt of Appeals for the First Circuit · 1944
  3. Taylor v. United StatesCourt of Appeals for the Ninth Circuit · 1944
  4. O'NEAL v. United StatesCourt of Appeals for the Sixth Circuit · 1944
  5. United States v. RenkenDistrict Court, W.D. South Carolina · 1944

22 more not listed; retrieve them via the Exa API.

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