U.S. Supreme Court WILLIAM JAMESON & CO., INC. v. MORGENTHAU, 307 U.S. 171 (1939)

[Page 307 U.S. 171, 174]

direct appeal should lie to this Court when administrative action and not the Act of Congress is assailed.

While we are of the opinion that the Court is without jurisdiction to review the merits on this appeal, the Court does have jurisdiction to make such corrective order as may be appropriate to the enforcement of the limitations$ which Section 3 imposes, and in the circumstances disclosed the appropriate action is to vacate the decree below and to remand the cause to the District Court for further proceedings to be taken independently of Section 3 of the Act of August 24, 1937. See Gully v. Interstate Natural Gas Co., , 54 S.Ct. 565; Oklahoma Gas Co. v. Oklahoma Packing Co., 292 U.S. 386, 392, 54 S.Ct. 732, 734.

It is so ordered.

Decree vacated.