MORGANTOWN GLASSWARE GUILD, INC., APPELLANT,
v.
GEORGE M. HUMPHREY, SECRETARY OF THE TREASURY, APPELLEE
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The court held that the trial court properly dismissed the complaint for failure to exhaust administrative remedies and denied leave to amend.
Appellant sought a declaratory judgment that trade agreement actions were unconstitutional and that appellee unlawfully imposed reduced duty rates. Ap…
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PER CURIAM.
The appellee’s motion to dismiss appellant’s complaint was granted, we think properly. Appellant had sought a declaratory judgment that action by the Secretary pursuant to the General Agreement on Tariffs and Trade, Geneva, 1947, is unconstitutional and that appellee had unlawfully imposed reduced rates of duty upon imported handblown and pressed glassware.
Appellant failed tc follow the appeal or protest procedures set up in 19 U.S.C.A. § 1516. We have previously held that the remedy there provided is appropriate. Calf Leather Tanners’ Ass’n v. Morgenthau, 1935, 65 App.D.C. 93, 80 F. 2d 536, 542, certiorari denied, 1936, 297 U.S. 718, 56 S.Ct. 595, 80 L.Ed. 1003. It is thoroughly settled that “ * * * no one is entitled to judicial relief for a supposed or threatened injury until the prescribed administrative remedy has been exhausted.” Myers v. Bethlehem Shipbuilding Corp., 1938, 303 U.S. 41, 50-51, 58 S.Ct. 459, 463, 82 L.Ed. 638; Allen v. Grand Cent. Aircraft Co., 1954, 347 U.S. 535, 553, 74 S.Ct. 745, 98 L.Ed. 933; National Enforcement Commission v. Slim Olson, Inc., 1955, 95 U.S.App.D.C. 218, 221 F. 2d 92.
Nor is the appellant’s position enhanced by its reliance upon the Declaratory Judgment Act,28 U.S.C. § 2201, which is procedural and confers an additional remedy only in cases where federal courts already have jurisdiction. Skelly Oil Co. v. Phillips Co., 1950, 339 U.S. 667, 70 S.Ct. 876, 94 L.Ed. 1194; Hanes v. Pace, 1953, 92 U.S.App.D.C. 131, 133, 203 F. 2d 225, 228.
After appellee had filed his motion to dismiss, appellant sought, but the trial court denied, leave to amend its complaint to charge conspiracy between the Secretary of State and the Secretary of the Treasury to accomplish the reduction in tariffs of which appellant had already complained. Appellant’s motion was properly denied. Kansas City Power & Light Company v. McKay, 1955, 96 U. S.App.D.C. 273, 225 F. 2d 924, certiorari denied, 1955, 350 U.S. 884, 76 S.Ct. 137.
The judgment of the District Court is
Affirmed. .
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41 (U.S. 1938)
- Skelly OIL Co. v. Phillips Petroleum Co., 339 U.S. 667 (U.S. 1950)
- Allen v. Grand Cent. Aircraft Co., 347 U.S. 535 (U.S. 1954)
- Kan. City Power & Light Co. v. McKAY, 225 F.2d 924 (D.C. Cir. 1955)
- T. A. Loving & Co. v. United States, 350 U.S. 884 (U.S. 1955)
- LaRose v. Wyman, 350 U.S. 884 (U.S. 1955)
- Riccomini v. United States, 69 F.2d 480 (9th Cir. 1934)
- Calf Leather Tanners' Ass'n v. Morgenthau, 80 F.2d 536 (D.C. Cir. 1935)
- Schneider v. Lehigh Valley R. Co., 94 F.2d 85 (2d Cir. 1938)
- Cottman Co. v. Dailey, 94 F.2d 85 (4th Cir. 1938)