United States v. Moore et Ux. (340 U.S. 616)
U.S. Supreme Court · decided March 26, 1951 · Supreme Court Database (Spaeth)
- Citation
- 340 U.S. 616 · 71 S. Ct. 524
- Decided
- March 26, 1951
- Term
- October Term 1950
- Vote
- 5–4
- Majority author
- Justice Clark
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Clark delivered the opinion of the Court. The United States brings this action under the Housing and Rent Act of 1947, as amended, to obtain damages for violations of the Act and restitution of overceiling rentals collected. The question is whether under § 206 (b) of the Act a landlord may be ordered to make restitution of overceiling rentals where a prohibitory injunction is not required because the defense-rental area was decontrolled after the violations but before the Government brought suit. Respondents are landlords of housing accommodations in Dallas, Texas. Between October 1, 1947, and May 31, 1949, they demanded and received rents in excess of those allowed by the applicable maximum rent regulation issued under the Act. This action was begun in Federal District Court on June 29, 1949, pursuant to §§ 205 and 206 (b) of the Act. The complaint by its terms sought a prohibitory injunction, restitution of all overcharges, and statutory damages. Respondents moved to dismiss on the ground that on June 23, 1949, six days prior to filing of the complaint, the Housing Expediter, pursuant to action taken by the City of Dallas under § 204 (j) (3) of the Act, terminated rent control in that city; that this act of the Expediter terminated as to Dallas all provisions of Title II of the Act including the remedial provisions under which this suit is brought; and that no…
Excerpt of a 9,992-character opinion. The full text and citation network load in the interactive viewer above.