Legal Opinion

United States v. Sagner

District Court, D. Oregon

Decided February 20, 1947No. C-16890PublishedCited by 1 opinion

1Opinion of the Court

McCOLLOCH, District Judge.

In his certificate on appeal to the Supreme Court, the United States Attorney has stated that I did not give my reasons for dismissing this indictment. Herewith I briefly state the grounds for my decision.

Since the decision in Yakus v. United States, 1944, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834; I have presided at the trial of many OPA cases, and I became impressed with the great injustice of denying defendants the right to challenge the validity of the regulation or order under which they were being prosecuted.

The cases have presented a variety of circumstances,…

2Cases cited3 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Estep v. United StatesSupreme Court of the United States · 1946
  3. Bowles v. RichardsDistrict Court, D. Oregon · 1945

3Cited by1 opinion

  1. United States v. WheelbargerSupreme Court of the United States · 1947

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