Federal Crop Insurance Corp. v. Merrill et al., Doing Business As Merrill Bros. (332 U.S. 380)
U.S. Supreme Court · decided November 10, 1947 · Supreme Court Database (Spaeth)
- Citation
- 332 U.S. 380 · 68 S. Ct. 1
- Docket
- No. 45
- Argued
- October 16, 1947
- Decided
- November 10, 1947
- Term
- October Term 1947
- Vote
- 5–4
- Majority author
- Justice Frankfurter
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Reed, Justice Frankfurter (wrote), Justice Murphy, Justice Burton
- Dissenting
- Justice Black, Justice Douglas, Justice R. H. Jackson (wrote), Justice Rutledge
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. We brought this case here because it involves a question of importance in the administration of the Federal Crop Insurance Act. 331U. S. 798. The relevant facts may be briefly stated. Petitioner (hereinafter called the Corporation) is a wholly Government-owned enterprise, created by the Federal Crop Insurance Act, as an “agency of and within the Department of Agriculture.” Sec. 603 of Chapter 30, Act of February 16, 1938, 52 Stat. 72, 7 U. S. C. § 1503, as amended. To carry out the purposes of the Act, the Corporation, “Commencing with the wheat . . . crops planted for harvest in 1945” is empowered “to insure, upon such terms and conditions not inconsistent with the provisions of this title as it may determine, producers of wheat . . . against loss in yields due to unavoidable causes, including drought . . . .” 52 Stat. 74, § 508 (a) as amended, 55 Stat. 255, in turn amended by the Act of December 23, 1944, Chapter 713, 58 Stat. 918, 7 U. S. C. (Supp. V, 1946), § 1508 (a). In pursuance of its authority, the Corporation on February 5, 1945, promulgated its Wheat Crop Insurance Regulations, which were duly published in the Federal Register on February 7, 1945. 10 Fed. Reg. 1586. On March 26, 1945, respondents applied locally for insurance under the Federal Crop Insurance Act to cover wheat farming operations in…
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