GRAY V. POWELL, 314 U. S. 402 (1941)

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U.S. Supreme Court

Gray v. Powell, 314 U.S. 402 (1941)

Gray v. Powell

No. 18

Argued October 21, 22, 1941

Decided December 1, 1941

314 U.S. 402


1. Upon the facts of this case, a determination by the Director of the Bituminous Coal Division that a railroad company was not the "producer" of certain coal consumed by it, and therefore that the coal was not exempt, under §§ 4-II(l), and 4-A, from the provisions of the Bituminous Coal Act of 1937, should not be disturbed on review under § 6(b). P. 314 U. S. 411.

2. On review under § 6(b) of the Bituminous Coal Act of 1937, of an administrative determination that the consumer of certain coal was not the "producer" thereof, and that therefore the coal was not exempt under §§ 4-II(l) and 4-A of the Act, the function of the court is fully performed when it determines that there has been a fair hearing, with notice and an opportunity to present the circumstances and arguments to the administrative body, and an application of the statute in a just and reasoned manner. P. 314 U. S. 411.

3. In order that the Bituminous Coal Act of 1937, § 4-II, may apply to particular transactions in coal, it is not essential that there be a sale or other transfer of title by the producer. P. 314 U. S. 414.

4. It is within the power of Congress to provide for the determination of who are "producers" under the Bituminous Coal Act of 1937. P. 314 U. S. 417.

114 F.2d 752 reversed.

Certiorari, 311 U.S. 644, to review a decree reversing an order of the Director of the Bituminous Coal Division chanrobles.com-red

Page 314 U. S. 403

denying a claim of exemption under the Bituminous Coal Act of 1937. The decree below was affirmed here by an equally divided court, 312 U.S. 666; subsequently, a petition for rehearing was granted, 313 U.S. 596.


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