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Affirmed in part reversed in part 76 F2d 617 2d Cir. The Courts decision Conflict within the Court.


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Section 3 of the National Industrial Recovery Act was an unconstitutional delegation of legislative power to the Executive and was not a valid exercise of congressional.

. Defendants convicted United States vSchechter 8 FSupp. The papers of Justice Thurgood Marshall released nearly a decade later reveal that a majority of justices were initially inclined to affirm the Ninth CircuitJustice Harry Blackmun was assigned to write a majority opinion to that effect. After hearing oral arguments in the case the Supreme Court was conflicted as to the outcome.

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