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BOWLES V. SEMINOLE ROCK & SAND CO., 325 U. S. 410 (1945)

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U.S. Supreme Court

Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945)

Bowles v. Seminole Rock & Sand Co.

No. 914

Argued April 26, 27, 1945

Decided June 4, 1945

325 U.S. 410


1. Under Rule (i) of § 1499.163(a)(2) of Maximum Price Regulation No. 188, issued by the Administrator of the Office of Price Administration under § 2(a) of the Emergency Price Control Act of 1942, a seller's ceiling price for an article which was actually delivered during March, 1942, is the highest price charged for the article so delivered, regardless of when the sale or charge was made. P. 325 U. S. 416. chanroblesvirtualawlibrary

Page 325 U. S. 411

2. In interpreting an administrative regulation, a court must necessarily look to the administrative construction of the regulation if the meaning of the words used is in doubt. The intention of Congress or the principles of the Constitution in some situations may be relevant in the first instance in choosing between various constructions. But the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation. Pp. 325 U. S. 413-414.

3. This Court does not here determine the constitutionality or statutory validity of the regulation as so construed (matters determinable in the first instance by the Emergency Court of Appeals), nor any question of hardship of enforcement of such ceiling price (the procedure for relief therefrom being prescribed by § 2(c) of the Act and § 1499.161 of the Regulation). P. 325 U. S. 418.

145 F.2d 482 reversed.

Certiorari, 324 U.S. 835, to review a judgment affirming the dismissal of a suit by the Price Administrator to enjoin the respondent from violation of the Emergency Price Control Act of 1942 and Regulations issued pursuant thereto.

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