U.S. Supreme Court KROGER GROCERY & BAKING CO. v. LUTZ, 299 U.S. 300 (1936)

[Page 299 U.S. 300, 302]

In order to support its contention, complainant seeks to capitalize its earnings and thus to arrive at the value of the part of the business affected by the order. But that basis of ascertaining a capital loss is not available to complainant here, as the statute, and with it the order, expire by limitation on July 1, 1937. The hurt by reason of the regulation does not appear to be greater than the loss sustained while the statute is in operation. The decree of the District Court is affirmed.

AFFIRMED.

Mr. Justice STONE took no part in the consideration or decision of this case.