KROGER GROCERY & BAKING CO. V. LUTZ, 299 U. S. 300 (1936)

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U.S. Supreme Court

Kroger Grocery & Baking Co. v. Lutz, 299 U.S. 300 (1936)

Kroger Grocery & Baking Co. v. Lutz

No. 501

Argued December 7, 1936

Decided December 21, 1936

299 U.S. 300


In a suit to enjoin regulation of a business which does not prevent carrying it on, the amount or value in controversy is not the value or net worth of the business, but the value of the right to be free of the regulation, measurable by the loss, if any, that would follow the enforcement of the regulation. P. 299 U. S. 301.

Capitalization of earnings held not suitable as a basis of determining the loss attributable to temporary regulation of a business, it not appearing that the loss would exceed that which would be sustained in a short time to elapse before the regulatory statute and the order made upon it were to expire by limitation.