WM. Schluderberg-T. J. Kurdle Co. v. Reconstruction Finance Corp.

169 F.2d 419, 1948 U.S. App. LEXIS 2221
CourtEmergency Court of Appeals
DecidedJuly 29, 1948
DocketNo. 454
StatusPublished
Cited by17 cases

This text of 169 F.2d 419 (WM. Schluderberg-T. J. Kurdle Co. v. Reconstruction Finance Corp.) is published on Counsel Stack Legal Research, covering Emergency Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WM. Schluderberg-T. J. Kurdle Co. v. Reconstruction Finance Corp., 169 F.2d 419, 1948 U.S. App. LEXIS 2221 (eca 1948).

Opinion

MAGRUDER, Judge.

This case' involves the general subsidy payable to slaughterers of livestock under the subsidy regulation of the Reconstruction Finance Corporation. Complainant submitted to the RFC its claims for subsidies on livestock slaughtered between the period September 1, 1946, and October 14, 1946, inclusive, the latter being the date on which price controls on meat were finally lifted by administrative action. The RFC ruled that, in computing the subsidy payments to complainant, an appropriate deduction must be made on account of meat derived from slaughter during the above period and remaining in complainant’s inventory at 12:01 A. M. October 15, 1946, complainant having been free to sell such meat at uncontrolled prices.

Since the subsidy regulation had been issued pursuant to § 2(e) of the Emergency Price Control Act of 1942, 56 Stat, 26, 50 U.S.C.A.Appendix, § 902(e), the foregoing ruling or determination by the RFC thereunder was in effect a “regulation or order under section 2”, subject to protest under § 203(a) of the Act and to review in the Emergency Court of Appeals under § 204(a). Illinois Packing Co. v. Bowles, Em.App.1945, 147 F.2d 554; Illinois Packing Co. v. Snyder, Em.App.1945, 151 F.2d 337; Greenhouse Bros. & Finkelstein, Inc., v. R.F.C., Em.App.1947, 159 F.2d 712, cert. denied 1947, 331 U.S. 812, 67 S. Ct. 1200, 91 L.Ed. 1832; Armour & Co. v. R.F.C., Em.App.1947, 162 F.2d 918, 923. Though the Price Control Act terminated on June 30, 1947, 60 Stat. 664, the jurisdiction of this court in the case at bar is preserved by § 1(b) of the Act, since the protest and complaint are founded upon an asserted “right” in complainant, with a corresponding “liability” of respondent, incurred under the subsidy regulation prior to such termination date. Our jurisdiction has not been challenged.

[421]*421The case has been quite elaborately presented by counsel, but our views can be set forth in fairly brief compass.

In previous cases we have discussed the origin, purposes and mechanics of the meat subsidy program. Armour & Co. v. Bowles, Em.App.1945, 148 F.2d 529, 532, 533; Illinois Packing Co. v. Bowles, supra; Earl C. Gibbs, Inc., v. Defense Supplies Corp., Em.App.1946, 155 F.2d 525; Federated Meat Corp. v. Fleming, Em.App.1947, 159 F.2d 725.

In June, 1943, as part of the President’s hold-the-line policy (Executive Order 9328, 50 U.S.C.A.Appendix, § 901 note, 8 F.R. 4681), the Price Administrator, by amendment of the various price regulations, rolled back or reduced the maximum prices on beef, veal, pork, lamb and mutton by approximately 10 per cent (8 F.R. 7671, 7675, 7679). The Director of Economic Stabilization and the Federal Loan Administrator duly determined to compensate the slaughterers for this reduction by the payment to them of corresponding subsidies. Such subsidies were thereupon established, effective as of June 7, 1943, by Regulation No. 3 (8 F.R. 10826) issued by Defense Supplies Corporation. This corporation, created under § 5d of the Reconstruction Finance Corporation Act, as amended, 15 U.S.C.A. § 606b (6 F.R. 2972), was empowered to act as paying or disbursing agent in respect to the subsidies to livestock slaughterers.

Regulation No. 3 of DSC was amended from time to time, in particulars which need not now be stated, and was reissued as Revised Regulation No. 3, effective January 19, 1945 (10 F.R. 4241). DSC was dissolved on July 1, 1945, and its functions transferred to RFC by the Act of June 30, 1945, 59 Stat. 310, 15 U.S.C.A. § 601 note. Revised Regulation No. 3, as amended, was then taken over by RFC (10 F.R. 11155). There was a temporary lapse of price controls on June 30, 1946, upon the termination of the Emergency Price Control Act, as amended. In anticipation of this, on June 21, 1946, RFC had issued a public announcement that the “statutory authority under which the livestock slaugher payments are made by RFC expires June 30, 1946. No payments will be made by RFC on slaughter after June 30, 1946, unless new legislation is effective in the interim.” The Price Control Extension Act of 1946 became law July 25, 1946, 60 Stat. 664. By Directive No. 1 (11 F.R. 9138), the Price Decontrol Board, created by that Act, authorized the reimposition of price ceilings on meat and the reestablishment of livestock subsidy payments. Pursuant thereto the Price Administrator, on August 23, 1946, issued Amendment No. 1 to Supplementary Order No. 177 (11 F.R. 9372) making the various price regulations on meat effective again, with respect to slaughterers, as of Septcm her 1, 1946. The Director of Economic Stabilization, by Directive No. 130 (11 F.R. 9375), determined that the reestablishment of the subsidy programs was “necessary to insure the maximum necessary production and distribution of livestock and its products, to maintain and administer price ceilings with reference to livestock and its products, and to prevent price rises inconsistent with the stabilization laws.” He accordingly reissued his former directives with respect to the payment of subsidies and directed RFC to make the subsidy programs effective again, beginning September 1, 1946. RFC did this by issuing, on August 28, 1946, its Regulation No. 10, providing that subsidy payments would he made to eligible slaughterers of cattle, calves, hogs and pigs slaughtered on and after September 1, 1946, in accordance with all the terms and conditions of Revised Regulation No. 3, as amended, the provisions of which were incorporated by reference.1

Price controls on meat, which had been reimposed on September 1, 1946, as applied to slaughterers, remained in effect only through October 14, 1946, when they were removed by Amendment 64 to Supplementary Order 132 (11 F.R. 12093). Complainant concedes that it is not entitled to subsidies on account of any livestock slaughtered on or after October 15, 1946; but insists that, under subsidy regulation as written, subsidies are payable on account [422]*422of livestock slaughtered during the period September 1-October 14, 1946, when price controls were in effect, without regard to when the meats produced by such slaughter were sold, and even though such meats were sold on a free market after government price controls had been lifted. We think that this contention is in error.

From the outset, the subsidy regulation has provided that subsidies shall be computed upon the basis of the amount of livestock slaughtered by an applicant during a given monthly accounting period, rather than upon the basis of the amount of meat sold by the slaughterer during such period. But this basis of computation was adopted only as a matter of administrative convenience. It is clear that the subsidy program was instituted, and maintained, to compensate the producers of meat for the “squeeze” between livestock prices and the maximum prices at which they were permitted to sell their meat products. See Rubin v. Bowles, Em.App.1945, 150 F.2d 860, 861; 89 Cong.Rec. 6495.

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Bluebook (online)
169 F.2d 419, 1948 U.S. App. LEXIS 2221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wm-schluderberg-t-j-kurdle-co-v-reconstruction-finance-corp-eca-1948.