UNITED STATES SUPREME COURT DECISIONS ON-LINE

An order of the National Bituminous Coal Commission directed its secretary to make available to interested parties, for possible use in evidence in a hearing which was to be held by the Commission to determine the weighted average of the total costs per ton of coal produced in certain areas, certain cost and sales realization data theretofore furnished by producers pursuant to an order under § 10(a) of the Bituminous Coal Act of 1937. Several producers, members of the Bituminous Coal Code, filed a bill in the District Court to enjoin the threatened disclosure. The bill alleged, inter alia, that the petitioners were without other adequate remedy (the order not being reviewable under § 6(b) of the Act), and that they would sustain immediate and irreparable damage from such disclosure, and further, that the Commission's proposed action was arbitrary and unreasonable, unauthorized by the statute, and in violation of a promise of privacy inferable from the order under which the data were filed and the forms used for returns thereof.

Held:

1. The suit was within the equity jurisdiction of the District Court. P. 306 U. S. 59.

The jurisdiction of the District Court is to be determined by the allegations of the bill, and usually, if the bill makes a claim which, if well founded, is within the jurisdiction of the court, then it is within that jurisdiction, whether well founded or not. clubjuris

Page 306 U. S. 57

2. It was within the power of Congress to authorize publication by the National Bituminous Col Commission of cost and sales realization data filed by producers, and Congress did so authorize such publication by § 10(a) of the Bituminous Coal Act of 1937. The order here attacked is valid, and may not be enjoined. P. 306 U. S. 61.

69 App.D.C. 333, 101 F.2d 42, affirmed.

Certiorari, 305 U.S. 575, to review a decree affirming the dismissal of a bill for an injunction.