158 F.2d 791 | 10th Cir. | 1946
This is an appeal by the defendant below from a final order of the United States District Court for the District of Kansas granting the Price Administrator’s application to enforce a subpoena issued by the District Director for the Office of Price Administration for the State of Kansas under the provisions of § 202 of the Emergency Price Control Act, 50 U.S.C.A.App. 922.
The appeal challenges the validity of the subpoena on the sole ground that it was issued by the District Director and that the Administrator is without authority under the provisions of the Act to delegate his power of subpoena.
The precise question in this case has been considered by the Court of Appeals for the District of Columbia and by four of the Circuit Courts of Appeals.
The stay order heretofore issued staying the order of the lower court pending appeal to this court is accordingly dissolved and the order and judgment appealed from are affirmed.
See Pinkus v. Porter, 7 Cir., 155 F.2d 90; Raley v. Porter, App.D.C., 156 F.2d 561; Porter v. Murray, 1 Cir., 156 F.2d 781; Porter v. Gantner & Mattern Co., 9 Cir., 156 F.2d 886; Porter v. Mohawk Wrecking & Lumber Co., 6 Cir., 156 F.2d 891.
Cudahy Packing Co. v. Holland, 315 U.S. 357, 62 S.Ct. 651, 86 L.Ed. 895.