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HOWELL ELECTRIC MOTORS CO. v. UNITED STATES

No. 10736.

172 F.2d 953 (1949)

HOWELL ELECTRIC MOTORS CO. v. UNITED STATES et al.

United States Court of Appeals Sixth Circuit.

March 7, 1949.

Attorney(s) appearing for the Case

Edward S. Reid, Jr. and Wm. G. Butler, both of Detroit, Mich. (Miller, Canfield, Paddock & Stone, of Detroit, Mich., of counsel), for appellant.

Newell A. Clapp, of Washington, D. C. (H. G. Morison and Newell A. Clapp, both of Washington, D. C., Thomas P. Thornton, and Roger P. O'Connor, both of Detroit, Mich. and Oscar H. Davis and Robert Mandel, both of Washington, D. C., on the brief), for appellees.

Before ALLEN, MARTIN and McALLISTER, Circuit Judges.

PER CURIAM.

The sole question presented by this appeal is whether the second amendment of the Renegotiation Act, 57 Stat. 347, 50 U.S.C.A. Appendix § 1191, may constitutionally be given retroactive application to appellant's war contracts upon which performance had been completed and final payment had been made during the period from April 28, 1942, to December 31, 1942. The second amendment was enacted July 1, 1943, and appellant concedes that it was intended...

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