ICKES, SECRETARY OF THE INTERIOR, ET AL.
v.
ASSOCIATED INDUSTRIES OF NEW YORK STATE, INC.
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The Supreme Court addressed whether an industry association had legal standing to challenge a Bituminous Coal Commission order setting minimum prices, but found the case moot after the underlying statute expired before resolution. The Court vacated the appellate decision and remanded for further proceedings to determine whether any rights or obligations under the challenged order survived the Act's expiration.
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Per Curiam:
This is a proceeding brought by respondent pursuant to § 6 (b) of the Bituminous Coal Act of 1937,50 Stat. 85,15 U.
S. C., § 836 (b), as amended, to review an order of the Bituminous Coal Commission prescribing minimum prices for Minimum Price Area No.
1. We granted certiorari June 14,1943, to review an order of the Circuit Court of Appeals refusing to dismiss the proceeding for want of capacity of respondent to bring it. Both parties now suggest that the cause has become moot by reason of the expiration of the Bituminous Coal Act on August 24, 1943. They disagree as to the proper disposition to be made of the cause.
The record does not disclose and we are not informed whether the order of the Commission, which by its terms became effective on October 1, 1942, remained in effect between that date and August 24, 1943, or to what extent rights arose and liabilities and obligations were incurred under the Commission’s order during that period, which survive the expiration of the Act.
Accordingly we vacate the order of the Circuit Court of Appeals and remand the cause to that court for such further proceedings as may be appropriate.
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Ass'n of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150 (U.S. 1970)…only referred to in terms of allowing suits by “private attorneys general,” is inapplicable to the present case. See FCC v. Sanders Bros. Radio Station, 309 U. S. 470; Associated Industries v. Ickes, 134 F. 2d 694, vacated on suggestion of mootness, 320 U. S. 707. Petitioners allege that the Comptroller’s ruling violates the National Bank Act, Rev. Stat. § 5136, 12 U. S. C. § 24 Seventh, which provides that national banks have power to exercise “all such incidental powers as shall be necessary to carry on t…
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Scanwell Labs., Inc. v. John H. Shaffer (Acting) of The Fed. Aviation Admin., 424 F.2d 859 (D.C. Cir. 1970)…was a person aggrieved under the statute, the Court opened the door to the next logical step, which Judge Frank took the following year. In Associated Industries of New York State, Inc. v. Ickes, 134 F. 2d 694, 704 [*864] (2d Cir.), vacated as moot, 320 U.S. 707, 64 S.Ct. 74, 88 L.Ed. 414 (1943), Judge Frank, after emphasizing the above-quoted language from Scripps-Howard, said: [W]e believe that the usual “standing to sue” cases can be reconciled with the Sanders and Scripps-Howard cases, as follows: Whil…
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Off. OF Commc'n OF the United Church OF Christ v. Fed. Commc'ns Comm'n, 359 F.2d 994 (D.C. Cir. 1966)…public interest. Federal Communications Commission v. Sanders Radio Station, 309 U.S. 470, 477, 642, 60 S.Ct. 693, 698, 84 L.Ed. 869, 1037.” Associated Industries of New York State, Inc. v. Ickes, 134 F. 2d 694, 703 (2d Cir. 1943), vacated as moot, 320 U.S. 707, 64 S.Ct. 74, 88 L.Ed. 414 (1943), quoting Scripps-Howard Radio, Inc. v. FCC, 316 U.S. 4, 14, 62 S.Ct. 875, 86 L.Ed. 1229 (1942). On the other hand, some Congressional reports have expressed apprehensions, possibly representing the views of both ad…1 / 2
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