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United States Supreme Court

328 U.S. 246

Porter  v.  Lee

 Argued: and Submitted May 13, 1946. --- Decided: May 27, 1946

The provision in Emergency Price Control Act relating to concurrent jurisdiction of state and federal courts to enforce the act gives state courts concurrent jurisdiction only over noncriminal enforcement proceedings under the act. Emergency Price Control Act of 1942, § 205(c), 50 U.S.C.A.Appendix, § 925(c).

Where landlord's eviction of tenant will violate the Emergency Price Control Act and valid rent regulations promulgated pursuant thereto, an eviction proceeding in state court is not an enforcement proceeding authorized by the act but is a violation of the act, and the state court's jurisdiction is based on state law and not on the act and is not part of the concurrent jurisdictin contemplated by provision in act giving state and federal courts concurrent jurisdiction over noncriminal enforcement proceedings under the act. Emergency Price Control Act of 1942, § 205(c), 50 U.S.C.A.Appendix, § 925(c).

Mr. Robert L. Stern, of Washington, D.C., for petitioner.

Mr. Howell W. Vincent, of Covington, Ky., for respondents.

Mr. Justice BLACK delivered the opinion of the Court.

NotesEdit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).