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U.S. Supreme Court

Paramino Lumber Co. v. Marshall, 309 U.S. 370 (1940)

Paramino Lumber Co. v. Marshall

No. 271

Argued January 30, 1940

Decided March 11, 1940

309 U.S. 370


1. A private Act of Congress which, after an award of compensation for disability made by a deputy commissioner under the Longshoremen's & Harbor Workers' Compensation Act had become final by expiration of the time for review, authorized and directed the Employees' Compensation Commission to review the order and issue a new one, whereupon there was awarded additional compensation for disability continuing beyond the date as of which by the prior order it was deemed to have terminated, held, as to the employer and insurance carrier, not violative of the due process clause of the Fifth Amendment. Pp. 309 U. S. 374, 309 U. S. 378.

2. The Act was validly enacted by Congress to cure a defect in administration developed in the handling of a claim compensable under the Longshoremen's & Harbor Workers' Compensation Act. P. 309 U. S. 379.

3. The enactment by Congress of private Acts, except bills of attainder and grants of nobility, is not forbidden by the Federal Constitution. P. 309 U. S. 380.

4. The contention that the equal protection clause of the Fourteenth Amendment should be read into the due process clause of the Fifth Amendment, and that the Act denies equal protection, is rejected. Pp. 309 U. S. 379-380.

Page 309 U. S. 371

5. The Act is not invalid as an encroachment by Congress on the judicial function. P. 309 U. S. 381.

27 F.Supp. 823 affirmed.

Appeal from a decree of a District Court of three judges upholding the constitutionality of a special Act of Congress and dismissing libels in two cases consolidated for hearing.

Page 309 U. S. 374

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