315 WEST 97TH STREET REALTY CO., INC. ET AL.

v.

FLEMING, TEMPORARY CONTROLS ADMINISTRATOR

Citator

Cited By

• Downs v. Commissioner of Internal Revenue, 166 F.2d 504 (9th Cir. 1948)
  …e conclusive, for as held in Matter of Newcomb’s Estate, 192 N.Y. 238, 250, 84 N.E. 950, 954, a person may have two places of residence. “Resident” and “nonresident,” says Judge Dobie in C.I.R. v. Swent, 4 Cir., 155 F. 2d 513, 515, certiorari denied 329 U.S. 801, 67 S.Ct. 491, “* * * are very slippery words, which have many and varied meanings.” In the Swent case, in which the original section was being construed, the issue was whether Swent, who had been in Mexico and, as well, in the United States during…
• 150 E. 47TH St. Corp. v. Creedon, 162 F.2d 206 (Emer. Ct. App. 1947)
  …arent that the landlord had not been prejudiced by any lack of an adequate opportunity to be heard at an earlier stage of the administrative proceedings. See Victor v. Porter, Em.App., 1946, 157 F. 2d 769, 772, cert. denied, 1947, Victor v. Fleming, 329 U.S. 801, 67 S.Ct. 491. Cf. Fury v. Fleming, Em.App., 1947, 161 F. 2d 189. It must be emphasized that, under the provisions of the Act, the primary procedure for challenging a regulation or order is via the protest route under §§ 203 and 204(a). That was th…
• United States v. McCRILLIS, 200 F.2d 884 (1st Cir. 1952)
  …ved a monthly rental pajunent in excess of $35, he would have been in violation of the order, in accordance with its terms. In this connection appellant puts some reliance upon Victor v. Porter, Em. App., 1946, 157 F. 2d 769, certiorari denied 1947, 329 U.S. 801, 67 S.Ct. 491, 91 L.Ed. 685. In that case the landlord filed a statutory protest against an order of the area rent director reducing a maximum rent. One of the grounds of objection to the order was that the hearing which preceded its issuance was n…