CONSTITUTIONAL LAW - WAR CONTRACTS - EFFECT OF CONSTITUTIONAL ISSUES ON THE EXHAUSTION OF ADMINISTRATIVE REMEDIES DOCTRINE

Authors

Richard V. Ehrick, University of Michigan Law SchoolFollow

Abstract

Plaintiff, a manufacturer of war materials under subcontracts with government contractors, filed suit in the District Court for the District of Columbia requesting a declaratory judgment holding the First and Second Renegotiation Acts unconstitutional and, as a consequence thereof, injunctive relief from threatened action by the defendants to recover alleged excessive profits. The district court dismissed the complaint on the grounds (1) that the suit was premature, plaintiff having failed to exhaust the prescribed administrative procedure, and (2) that the available legal and administrative remedies were adequate, the right to equitable relief not being established either on the basis of irreparable injury or multiplicity of suits. On appeal, held, affirmed. Aircraft & Diesel Equipment Corp. v. Hirsch, 331 U.S. 752, 67 S.Ct. 1493 ( 1947 ).

Recommended Citation

Richard V. Ehrick, CONSTITUTIONAL LAW - WAR CONTRACTS - EFFECT OF CONSTITUTIONAL ISSUES ON THE EXHAUSTION OF ADMINISTRATIVE REMEDIES DOCTRINE, 46 Mich. L. Rev. 832 (1948).
Available at: https://repository.law.umich.edu/mlr/vol46/iss6/12