FIELD PACKING CO., INC.
v.
UNITED STATES
PER CURIAM.
It appearing from the record in this cause that the findings of fact of the District Court, upon which it based its judgment, are not clearly erroneous; and that, therefore, its conclusion of law that the appellant company wilfully violated the provisions of War Food Order No. 15, in that it failed to set aside or to sell to approved buyers required quantities of cheese, is correctly drawn; And it appearing further that the contention of the appellant that the action brought by the United States against it was barred by Act of Congress of June 29, 1948, 15 U.S.C.A. § 714 et seq., is not well grounded, for the reason that the statute was intended to operate prospectively and not retroactively, it being established that no statute of limitation shall be given retroactive effect unless such construction is required by explicit language or by necessary implication, see Fullerton Krueger Lumber Co. v. Northern Pacific Ry. Co., 266 U.S. 435, 437, 45 S.Ct. 143, 69 L.Ed. 367; Sohn v. Waterson, 17 Wall. 596, 84 U.S. 596, 21 L.Ed. 737; Cf. Shwab v. Doyle, 258 U.S. 529, 534, 42 S.Ct. 391, 66 L.Ed. 747; United States Fidelity & Guaranty Co. v. Struthers Wells Co., 209 U.S. 306, 314, 28 S.Ct. 537, 52 L.Ed. 804; Claridge Apartments Co. v. Commissioner of Internal Revenue, 323 U.S. 141, 164, 65 S.Ct. 172, 89 L.Ed. 139; United States v. St. Louis, S.F. & T. R. Co., 270 U.S. 1, 3-4, 46 S.Ct. 182, 70 L.Ed. 435.
The judgment of the District Court, awarding recovery from appellant of $8,-984.49, with interest, is affirmed; and it is so ordered.
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United States v. Lindsay, 346 U.S. 568 (U.S. 1954)
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United States v. State OF Ariz., 214 F.2d 389 (9th Cir. 1954)
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Fong v. Glover, 197 F.2d 710 (9th Cir. 1952)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shwab v. Doyle, 258 U.S. 529 (U.S. 1922)
- United States Fid. & Guar. Co. v. United States for the Use & Benefit of Struthers Wells Co., 209 U.S. 306 (U.S. 1908)
- Claridge Apts. Co. v. Commissioner of Internal Revenue, 323 U.S. 141 (U.S. 1944)
- Sohn v. Waterson, 17 Wall. 596 (U.S. 1873)
- Fullerton-Krueger Lumber Co. v. N. Pac. Ry. Co., 266 U.S. 435 (U.S. 1925)
- United States v. ST. Louis, 270 U.S. 1 (U.S. 1926)
- Stripe v. United States, 269 U.S. 503 (U.S. 1926)