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U.S. Supreme Court

Norwegian Nitrogen Products Co. v. Tariff Comm'n, 274 U.S. 106 (1927)

United States ex Rel. Norwegian Nitrogen Products Co., Inc. v.

United States Tariff Commission

No. 91

Argued March 3, 4, 1927

Decided April 11, 1927

274 U.S. 106


1. Under Jud.Code § 250, before the Act of February 13, 1925, a judgment of the Court of Appeals of the District of Columbia, affirming dismissal of a petition for mandamus in which the construction of a federal law was drawn in question, was reviewable here by writ of error. P. 274 U. S. 110.

2. No duty of the Tariff Commission to make an investigation of comparative costs of production here and abroad arises under the Revenue Act of September 8, 1916, or the Tariff Act of 1922, except when required by the President under § 315 of the latter. P. 274 U. S. 110.

3. An action in mandamus to compel the Commission to reopen an investigation of differences in cost of production, which it conducted under an Executive Order as an aid to the President in adjusting tariff duties under § 315 of the Tariff Act of 1922, and to disclose to the petitioner information obtained at a prior hearing and allow him to cross-examine witnesses and introduce evidence, became moot when the President fixed the duties on the Commission's report. P. 274 U. S. 110.

4. In the absence of an injunction or restraining order, an administrative body, after judgment in its favor in an action to control its conduct by mandamus, may proceed to dispose of the matter before it notwithstanding the pendency of a writ of error to the judgment. P. 274 U. S. 111.

5. A case becoming moot pending review should be remanded with directions to dismiss. P. 274 U. S. 112.

6 F.2d 491 reversed.

Error to a judgment of the Court of Appeals of the District of Columbia which affirmed a judgment of the Supreme Court of the District dismissing on demurrer a petition for a mandamus to require the Tariff Commission to disclose information obtained by it in an investigation chanroblesvirtualawlibrary

Page 274 U. S. 107

of costs of production of sodium nitrite and to hold a public hearing, with leave to the plaintiff to cross-examine investigators and witnesses and offer opposing evidence.

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