Bowles, Price Adm'r, v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). · Go Syfert
Bowles, Price Adm'r, v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). Cases Citing This Book View Copy Cite
1,960 citation events (887 in the last 25 years) across 165 distinct courts.
Strongest positive: Fischer S.A. Comercio, Industria & Agricultura v. United States (cafc, 2012-03-23)
Treatment trajectory · 1945 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Fischer S.A. Comercio, Industria & Agricultura v. United States (2×) also: Cited as authority (quoted)
Fed. Cir. · 2012 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the administrative interpretation . . . becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation
discussed Cited as authority (verbatim quote) Authority of OPM to Direct Health Insurer Not to Enroll Individual Deemed Eligible by Employing Agency
OLC · 2010 · quote attribution · 1 verbatim quote · confidence high
the ultimate criterion is the admin- istrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation
discussed Cited as authority (quoted) New Mexico Cattle Growers Association v. United States Forest Service
D.N.M. · 2023 · quote attribution · 1 verbatim quote · confidence low
seminole rock
discussed Cited as authority (quoted) United States v. Cleveland
D.N.M. · 2018 · quote attribution · 1 verbatim quote · confidence low
seminole rock
discussed Cited as authority (quoted) New Mex. Health Connections, Non-Profit Corp. v. U.S. Dep't of Health & Human Servs.
D.N.M. · 2018 · quote attribution · 1 verbatim quote · confidence low
seminole rock
discussed Cited as authority (quoted) Tex. Children's Hosp. v. Azar
D.C. Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
eference is unmerited where the interpretation is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Delaware Riverkeeper Network v. Sec Pa Dept Environmental Prot
3rd Cir. · 2017 · quote attribution · 1 verbatim quote · confidence low
we defer to a state agency's interpretation of its own regulations, unless the interpretation is arbitrary or capricious.
discussed Cited as authority (quoted) Bay County, Florida v. United States
Fed. Cir. · 2015 · quote attribution · 1 verbatim quote · confidence low
d-ministrative interpretation ... becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Delaney v. Rapid Response, Inc.
D.S.D. · 2015 · quote attribution · 1 verbatim quote · confidence low
he ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Silva v. District of Columbia
D.D.C. · 2014 · quote attribution · 1 verbatim quote · confidence low
the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Kolbe v. BAC Home Loans Servicing, LP
1st Cir. · 2013 · quote attribution · 1 verbatim quote · confidence low
he ultimate criterion is the administrative interpretation , which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Carpenter Family Investments, LLC, Carpenter Capital Management, LLC, Tax Matters Partner v. Commissioner
Tax Ct. · 2011 · quote attribution · 1 verbatim quote · confidence low
although the preamble does not 'control' the meaning of the regulation, it may serve as a source of evidence concerning contemporaneous agency intent.
discussed Cited as authority (quoted) Carpenter Family Invs., LLC v. Comm'r
Tax Ct. · 2011 · quote attribution · 1 verbatim quote · confidence low
although the preamble does not 'control' the meaning of the regulation, it may serve as a source of evidence concerning contemporaneous agency intent.
examined Cited as authority (quoted) Chattler v. United States (2×)
Fed. Cir. · 2011 · quote attribution · 2 verbatim quotes · confidence low
seminole rock
discussed Cited as authority (quoted) Shipbuilders Council of America v. United States Coast Guard
4th Cir. · 2009 · signal: accord · quote attribution · 1 verbatim quote · confidence high
he ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Genet Hailemichael v. Alberto Gonzales
8th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence low
we accord substantial deference to an agency's interpretation of its own regulation.
examined Cited as authority (quoted) James Acs v. The Detroit Edison Company
6th Cir. · 2006 · signal: see · quote attribution · 1 verbatim quote · confidence high
n choosing between various constructions" of an administrative regulation, "the ultimate criterion is the administrative interpretation,- which becomes of controlling weight unless it is plainly erroneous or inconsistent with the 770 regulation.
discussed Cited as authority (quoted) Godwin v. United States
Fed. Cl. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
he ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.
discussed Cited as authority (quoted) Henrietta Flores v. Employees Retirement System of Texas
Tex. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
hile we may defer to an agency's interpretation of the statute it administers, we owe no such deference when the agency's interpretation is unreasonable.
discussed Cited as authority (quoted) Henrietta Flores v. Employees Retirement System of Texas
Tex. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
hile we may defer to an agency's interpretation of the statute it administers, we owe no such deference when the agency's interpretation is unreasonable.
discussed Cited as authority (quoted) Eskite v. District Director
E.D.N.Y · 1995 · quote attribution · 1 verbatim quote · confidence low
must give substantial deference to administrative tribunals in their interpretations of statutory law
discussed Cited as authority (quoted) Project B.A.S.I.C. v. Stephen J. O'rourke, Project B.A.S.I.C. v. Jack Kemp
1st Cir. · 1990 · quote attribution · 1 verbatim quote · confidence low
court must necessarily look to the administrative construction of regulation if the meaning of the words used is in doubt.
discussed Cited as authority (rule) Catfish Farmers of Am. v. United States
Ct. Intl. Trade · 2025 · confidence medium
A court ordinarily will consider giving deference (often referred to as “Auer” deference, as addressed in Auer v. Robbins, 519 U.S. 452 , 462–63 (1997)), to an agency’s interpretation of its own regulation if the regulation is “genuinely ambiguous.” Kisor v. Wilkie, 588 U.S. 558, 563, 574 (2019) (citing Christensen v. Harris Cnty., 529 U.S. 576, 588 (2000); Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) United States v. Stanford Ray Coleman
6th Cir. · 2025 · confidence medium
Genuine ambiguity exists only when “the meaning of the words used is in doubt,” Kisor, 588 U.S. at 574 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)), after a court has “exhaust[ed] all the ‘traditional tools’ of construction,” id. at 575 (quoting Chevron, U.S.A., Inc. v. Nat.
discussed Cited as authority (rule) Cascadia Wildlands v. United States Bureau of Land Management (2×) also: Cited "see"
9th Cir. · 2025 · confidence medium
But this articulation of agency deference, which is derived from the Supreme Court’s early decision in Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945), is imprecise after Kisor. 38 CASCADIA WILDLANDS V.
discussed Cited as authority (rule) United States v. Karl Patrick Kluge
11th Cir. · 2025 · confidence medium
It is of no matter that neither the Sentencing Commission nor the Depart- ment of Justice ultimately endorsed this view, since the interpreta- tion the agency adopts becomes relevant “only ‘if the meaning of the words used is in doubt.’” Kisor, 588 U.S. at 574 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) Millard W. Adams v. Douglas A. Collins
Vet. App. · 2025 · confidence medium
Cir. 2005) (holding that an agency's interpretation of its own regulations is entitled to broad deference unless "'it is plainly erroneous or inconsistent with the regulation'" (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945))). "[C]ourts should defer to an agency's interpretation of its own ambiguous regulation so long as that interpretation is not inconsistent with the language of the regulation or otherwise plainly erroneous and represents the agency's considered view on the matter." Mulder v. Gibson, 27 Vet.App. 10, 16 (2014) (citing Smith v. Nicholson, 451 F.3d 1344, …
discussed Cited as authority (rule) United States v. Carver
9th Cir. · 2025 · confidence medium
Before the Supreme Court decided Kisor, courts deferred “to the agency’s construction of its own regulation” unless it was “plainly erroneous or inconsistent with the regulation.” Id. at 568 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) United States v. Nahsiem McIntosh
3rd Cir. · 2024 · confidence medium
The Supreme Court has described the Guidelines themselves as analogous to rules promulgated by administrative agencies, but the commentary as “akin to an agency’s interpretation of its own legislative rules.” Stinson v. United States, 508 U.S. 36, 45 (1993).2 For many years, consistent with the demands of Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945) and Auer v. Robbins, 519 U.S. 452, 461 (1997), we gave the commentary “controlling weight” unless it was “plainly erroneous or inconsistent with the” Guidelines.
discussed Cited as authority (rule) United States v. Christopher Mitchell
4th Cir. · 2024 · confidence medium
Under so-called Seminole Rock (or Auer) deference, such an agency interpretation was—at the time of Stinson—“given ‘controlling weight unless it [was] plainly erroneous or inconsistent with the regulation,’” or unless it “violate[d] the Constitution or a federal statute.” Id. (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)); see Auer v. Robbins, 519 U.S. 452, 461 (1997).
discussed Cited as authority (rule) United States v. California Stem Cell Treatment Center, Inc.
9th Cir. · 2024 · confidence medium
When the meaning of a regulation is in doubt, “we must ‘look to the administrative construction of the regulation.’” Goffney v. Becerra, 995 F.3d 737 , 744 (9th Cir. 2021) (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 413-14 (1945)).
discussed Cited as authority (rule) United States v. Izzat Freitekh
4th Cir. · 2024 · confidence medium
Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945); Auer v. Robbins, 12 519 U.S. 452, 461 (1997). 40 USCA4 Appeal: 22-4735 Doc: 105 Filed: 09/03/2024 Pg: 41 of 50 We recently addressed this issue in United States v. Boler.
discussed Cited as authority (rule) United States v. Tarik Freitekh
4th Cir. · 2024 · confidence medium
Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945); Auer v. Robbins, 12 519 U.S. 452, 461 (1997). 40 USCA4 Appeal: 22-4736 Doc: 105 Filed: 09/03/2024 Pg: 41 of 50 We recently addressed this issue in United States v. Boler.
discussed Cited as authority (rule) United States v. Maggie Boler
4th Cir. · 2024 · confidence medium
Based on Stinson, we were to defer to the commentary unless its interpretation is “plainly erroneous or inconsistent” with the plain language of the Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945); Auer v. Robbins, 3 519 U.S. 452, 461 (1997). 7 USCA4 Appeal: 23-4352 Doc: 46 Filed: 08/23/2024 Pg: 8 of 51 Guideline.
discussed Cited as authority (rule) United States v. Trumbull
9th Cir. · 2024 · confidence medium
See id. at 581 (emphasis added); Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945) (deferring to an agency only “if the meaning of the words used is in doubt” (emphasis added)).
discussed Cited as authority (rule) United States v. Rainford
2d Cir. · 2024 · confidence medium
The holding in Stinson rested on the comparison of the guidelines 18 To apply § 2B1.1(b)(1), the sentencing court “is only required to make a ‘reasonable estimate of the loss.’” United States v. Lacey, 699 F.3d 710, 719 (2d Cir. 2012) (quoting U.S.S.G. § 2B1.1, comment. commentary to “an agency’s interpretation of its own legislative rule.” 508 U.S. at 44 (citing Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
cited Cited as authority (rule) United States v. Robert Haggerty
3rd Cir. · 2024 · confidence medium
Id. at 568 (citing Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) United States v. Christopher Johnson
7th Cir. · 2024 · confidence medium
The Court derived this for- mulation from the deference due an agency’s interpretation of its own regulations under Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945). 5 Accepting that “the analogy is not precise,” the Court reasoned in Stinson that guideline commentary should “be treated as an agency’s interpretation of its own legislative rule.” 508 U.S. at 44 .
discussed Cited as authority (rule) United States v. Troy Sargent
D.C. Cir. · 2024 · confidence medium
Extending this analogy, the Supreme Court has also directed that the commentary should be treated like “an agency’s interpretation of its own regulations” and, as long as the commentary “does not violate the Constitution or a federal statute,” must be “given ‘controlling weight unless it is plainly erroneous or inconsistent with the regulation.’” Id. at 45 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) United States v. Read-Forbes
10th Cir. · 2024 · confidence medium
Accordingly, we continue to give “controlling weight” to the Sentencing Commission’s commentary, provided the commentary “does not violate the Constitution or a federal statute” and is not “plainly erroneous or inconsistent with the regulation.” Stinson v. United States, 508 U.S. 36, 45 (1993) (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)); see also Coates, 82 F.4th at 956–57 (holding the “Stinson standard controls”).
cited Cited as authority (rule) United States v. Foreman
10th Cir. · 2024 · confidence medium
Stinson, 508 U.S. at 47 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) ROCK v. United States
D.N.J. · 2023 · confidence medium
On June 6, 2019, the Sixth Circuit decided United States v. Havis, 927 F.3d 382, 387 (6th Cir. 2019) (en banc) and held that “‘[t]he Guidelines’ definition of “controlled substance offense” does not include attempt crimes.” Subsequently, on June 26, 2019, approximately six months prior to Rock’s sentencing, the Supreme Court decided Kisor v. Wilkie, 588 U.S. ——, 139 S. Ct. 2400 (2019), and reduced the ° The Sentencing Commission authors the United States Sentencing Guidelines and the commentary. ° Under Stinson v. United States, 508 U.S. 36 (1993), the Guidelines commentary…
discussed Cited as authority (rule) Paiva v. Kijakazi
D. Mass. · 2023 · confidence medium
Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945) (stating that “the ultimate criterion is the administrative interpretation . . . unless it is plainly erroneous or inconsistent with the regulation.”); see e.g., Serrell v. Barnhart, No. SA-05-CA-0478, 2006 WL 1851716 , at *6 (W.D.
discussed Cited as authority (rule) United States v. Roberto Castillo
9th Cir. · 2023 · confidence medium
Therefore, under Stinson, commentary “must be given ‘controlling weight unless it is plainly erroneous or inconsistent with the regulation.’” Id. at 45 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
cited Cited as authority (rule) United States v. April Thompson
11th Cir. · 2023 · confidence medium
This deference was first described in Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945), and affirmed in Auer v. Robbins, 519 U.S. 452, 461 (1997).
cited Cited as authority (rule) Summers v. United States
M.D. Fla. · 2023 · confidence medium
Id. at 45 (quoting Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) United States v. Brandon Romel Dupree (2×)
11th Cir. · 2023 · confidence medium
Seminole Rock instructed that when considering how to treat an issuing agency’s interpretation of a regulation, a court ini- tially should consider whether “the meaning of the [regulation] is in doubt.” Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945).
discussed Cited as authority (rule) United States v. Frederick Banks
3rd Cir. · 2022 · confidence medium
United States v. Huynh, 884 F.3d 160, 165 (3d Cir. 2018). 30 Stinson v. United States, 508 U.S. 36, 44-45 (1993). 31 325 U.S. 410 (1945). 32 519 U.S. 452 (1997). 33 Stinson, 508 U.S. at 45 (quoting Seminole Rock, 325 U.S. at 414). 13 inconsistent with the Guideline. 34 Recently, however, the Supreme Court decided Kisor v. Wilkie, in which it made clear that, before according Auer deference, “a court must exhaust all the ‘traditional tools’ of construction,” 35 and determine that a regulation is “genuinely ambiguous.” 36 Under Kisor, then, a court must consider the “text, structur…
discussed Cited as authority (rule) United States v. Seefried
D.D.C. · 2022 · confidence medium
The Supreme Court held in Stinson v. United States that the commentary should “be treated as an agency’s interpretation of its own legislative rule.” 508 U.S. 36 , 44–45 (1993) (citing Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945)).
discussed Cited as authority (rule) Vein & Wellness Group, LLC v. Becerra
D. Maryland · 2022 · confidence medium
An administrations interpretation of its own regulations “becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.” Bowles v. Seminole Rock & Sand Co., 325 U.S. 410, 414 (1945).
Retrieving the full opinion text from the archive…
Bowles, Administrator, Office of Price Administration
v.
Seminole Rock & Sand Co
914.
Supreme Court of the United States.
Oct 8, 1945.
325 U.S. 410
Mr. Henry M. Hart, Jr., pro hac vice, with whom Solicitor General Fahy, Messrs. Robert L. Stern and David London were on the brief, for petitioner., Mr. Robert H. Anderson, with whom Messrs. Robert Ruark, Bennett H. Perry and J. M. Hemphill were on the brief, for respondent.
Murphy, Roberts.
Cited by 4 opinions  |  Published
14 passages pin-cited by 21 cases
Pinpoint authority: #5,246 of 633,719
Citer courts: Federal Circuit (4) · D. New Mexico (3) · First Circuit (2) · U.S. Tax Court (2) · Court of Appeals of Texas (2) · Third Circuit (1) · Fourth Circuit (1)
Mr. Justice Murphy

delivered the opinion of the Court.

Our consideration here is directed to the proper interpretation and application of certain provisions of Maximum Price Regulation No. 188, [1] issued by the Administrator of the Office of Price Administration under Section 2 (a) of the Emergency Price Control Act of 1942. [2]

[*412] Respondent is a manufacturer of crushed stone, a commodity subject to Maximum Price Regulation No. 188. In October, 1941, respondent contracted to furnish the Seaboard Air Line Railway crushed stone on demand at 60 cents per ton, to be delivered when called for by Seaboard. This stone was actually delivered to Seaboard in March, 1942.

In January, 1942, respondent had contracted to sell crushed stone to V. P. Loftis Co., a government contractor engaged in the construction of a government dam, for $1.50 a ton. [3] This stone was to be delivered by respondent by barge when needed at the dam site. A small portion of stone of a different grade than that sold to Seaboard was delivered to Loftis Co. during January pursuant to this contract. For some time thereafter, however, Loftis Co. was unable to pour concrete or to store crushed stone at the dam site. Respondent thus made no further deliveries under this contract until August, 1942, at which time stone of the same grade as received by Seaboard was delivered to Loftis Co. at the $1.50 rate.

Subsequently, and after the effective date of Maximum Price Regulation No. 188, respondent made new contracts to sell crushed stone to Seaboard at 85 cents and $1.00 per ton. Alleging that the highest price at which respondent could lawfully sell crushed stone of the kind sold to Seaboard was 60 cents a ton, since that was asserted to be the highest price charged by respondent during the crucial month of March, 1942, the Administrator of the Office of Price Administration brought this action to enjoin respondent from violating the Act and Maximum Price Regulation No. 188. [4] The District Court dismissed the action[*413] on the ground that $1.50 a ton was the highest price charged by respondent during March, 1942, and that this ceiling price had not been exceeded. The Fifth Circuit Court of Appeals affirmed the judgment. 145 F. 2d 482. We granted certiorari because of the importance of the problem in the administration of the emergency price control and stabilization laws.

In his efforts to combat wartime inflation, the Administrator originally adopted a policy of piecemeal price control, only certain specified articles being subject to price regulation. On April 28,1942, however, he issued the General Maximum Price Regulation. [5] This brought the entire economy of the nation under price control with certain minor exceptions. The core of the regulation was the requirement that each seller shall charge no more than the prices which he charged during the selected base period of March 1 to 31, 1942. While still applying this general price “freeze” as of March, 1942, numerous specialized regulations relating to particular groups of commodities subsequently have made certain refinements and modifications of the general regulation. Maximum Price Regulation No. 188, covering specified building materials and consumers’ goods, is of this number.

The problem in this case is to determine the highest price respondent charged for crushed stone during March, 1942, within the meaning of Maximum Price Regulation No. 188. Since this involves an interpretation of an adminis[*414] trative regulation a court must necessarily look to the administrative construction of the regulation if the meaning of the words used is in doubt. The intention of Congress or the principles of the Constitution in some situations may be relevant in the first instance in choosing between various constructions. But the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation. The legality of the result reached by this process, of course, is quite a different matter. In this case the only problem is to discover the meaning of certain portions of Maximum Price Regulation No. 188. Our only tools, therefore, are the plain words of the regulation and any relevant interpretations of the Administrator.

Section 1499.153 (a) of Maximum Price Regulation No. 188 provides that “the maximum price for any article which was delivered or offered for delivery in March, 1942, by the manufacturer, shall be the highest price charged by the manufacturer during March, 1942 (as defined in § 1499.163) for the article.” Section 1499.163 (a) (2) [6] in turn provides that for purposes of this regulation the term:

“ ‘Highest price charged during March, 1942’ means
“(i) The highest price which the seller charged to a purchaser of the same class for delivery of the article or material during March, 1942; or
“(ii) If the seller made no such delivery during March, 1942, such seller’s highest offering price to a purchaser of the same class for delivery of the article or material during that month; or
“(iii) If the seller made no such delivery and had no such offering price to a purchaser of the same class during March, 1942, the highest price charged by the seller during March, 1942, to a purchaser of a different class, ad[*415] justed to reflect the seller’s customary differential between the two classes of purchasers . .

It is thus evident that the regulation establishes three mutually exclusive rules for determining the highest price charged by a seller during March, 1942. The facts of each case must first be tested by rule (i); only if that rule is inapplicable may rule (ii) be utilized; and only if both rules (i) and (ii) are inapplicable is rule (iii) controlling.

The dispute in this instance centers about the meaning and applicability of rule (i). The Administrator claims that the rule is satisfied and therefore is controlling whenever there has been an actual delivery of articles in the month of March, 1942, such as occurred when respondent delivered the crushed rock to Seaboard at the 60-cent rate. The respondent, on the other hand, argues that there must be both a charge and a delivery during March, 1942, in order to fix the ceiling price according to rule (i). Since the charge or sale to Seaboard occurred several months prior to March, it is asserted that rule (i) becomes inapplicable and that rule (ii) must be used. Inasmuch as there was an outstanding offering price of $1.50 per ton for delivery of crushed stone to Loftis Co. during the month of March, 1942, although the stone was not actually delivered at that time, respondent concludes that the requirements of rule (ii) have been met and that the ceiling price is $1.50 per ton.

As we read the regulation, however, rule (i) clearly applies to the facts of this case, making 60 cents per ton the ceiling price for respondent’s crushed stone. The regulation recognizes the fact that more than one meaning may be attached to the phrase “highest price charged during March, 1942.” The phrase might be construed to mean only the actual charges or sales made during March, regardless of the delivery dates. Or it might refer only to the charges made for actual delivery in March; Whatever may be the variety of meanings, however, rule[*416] (i) adopts the highest price which the seller “charged ... for delivery” of an article during March, 1942. The essential element bringing the rule into operation is thus the fact of delivery during March. If delivery occurs during that period the highest price charged for such delivery becomes the ceiling price. Nothing is said concerning the time when the charge or sale [7] giving rise to the delivery occurs. One may make a sale or charge in October relative to an article which is actually delivered in March and still be said to have “charged ... for delivery . . . during March.” We can only conclude, therefore, that for purposes of rule (i) the highest price charged for an article delivered during March, 1942, is the seller’s ceiling price regardless of the time when the sale or charge was made.

This conclusion is further borne out by the fact that rule (ii) becomes applicable only where “the seller made no such delivery during March, 1942,” as contemplated by rule (i). The absence of delivery, rather than the absence of both a charge and a delivery during March, is necessary to make rule (i) ineffective, thereby indicating that the factor of delivery is the essence of rule (i). It is apparent, moreover, that the delivery must be an actual instead of a constructive one. Section 1499.20 (d) of General Maximum Price Regulation, incorporated by reference into Maximum Price Regulation No. 188 by § 1499.151, defines the word “delivered” as meaning “received by the purchaser or by any carrier ... for shipment to the purchaser” during March, 1942. Thus an article is not[*417] “delivered” to a purchaser during March because of the existence of an executory contract under which no shipments are actually made to him during that month. In short, the Administrator in rule (i) was concerned with what actually was delivered, not with what might have been delivered.

Any doubts concerning this interpretation of rule (i) are removed by reference to the administrative construction of this method of computing the ceiling price. Thus in a bulletin issued by the Administrator concurrently with the General Maximum Price Regulation entitled “What Every Retailer Should Know About the General Maximum Price Regulation,” [8] which was made available to manufacturers as well as to wholesalers and retailers, the Administrator stated (p. 3): “The highest price charged during March 1942 means the highest price which the retailer charged for an article actually delivered during that month or, if he did not make any delivery of that article during March, then his highest offering price for delivery of that article during March.” He also stated (p. 4) that “It should be carefully noted that actual delivery during March, rather than the making of a sale during March, is controlling.” In his First Quarterly Report to Congress, the Administrator further remarked (p. 40) that “ ‘Highest price charged means one of two things: (1) It means the top price for which an article was delivered during March 1942, in completion of a sale to a purchaser of the same class ... (2) If there was no actual delivery of a particular article during March, the seller may establish as his maximum price the highest price at which he offered the article for sale during that month.” Finally, the Administrator has stated that this position has uniformly been taken by the Office of Price Administration[*418] in the countless explanations and interpretations given to inquirers affected by this type of maximum price determination.

Our reading of the language of § 1499.163 (a) (2) of Maximum Price Regulation No. 188 and the consistent administrative interpretation [9] of the phrase “highest price charged during March, 1942” thus compel the conclusion that respondent’s highest price charged during March for crushed stone was 60 cents per ton, since that was the highest price charged for stone actually delivered during that month. The two courts below erred in their interpretation of this regulation and the judgment below must accordingly be reversed.

We do not, of course, reach any question here as to the constitutionality or statutory validity of the regulation as[*419] we have construed it, matters that must in the first instance be presented to the Emergency Court of Appeals. Lockerty v. Phillips, 319 U. S. 182; Yakus v. United States, 321 U. S. 414, 427-431. Nor are we here concerned with any possible hardship that the enforcement of the 60-cent price ceiling may impose on respondent. Adequate avenues for relief from hardship are open to respondent through the provisions of § 2 (c) of the Act and § 1499.161 of the regulation.

Reversed.

Mr. Justice Roberts thinks the judgment should be affirmed for the reasons given in the opinion of the Circuit Court of Appeals, 145 F. 2d 482.
1

7 Fed. Reg. 5872, 7967, 8943.

2

56 Stat. 23, 24.

3

The contract actually spoke in terms of $1.50 per cubic yard, but there is no appreciable difference between a cubic yard of crushed stone and a ton of crushed stone.

4

The Administrator also sought to recover from respondent a .judgment under § 205 (e) of the Act for three times the amount'by which[*413] the sales price of the crushed stone sold by the respondent to Seaboard after the effective date of Maximum Price Regulation No. 188 exceeded 60 cents per ton. The District Court held that the purchaser rather than the Administrator was vested with whatever cause of action existed to recover a judgment under § 205 (e). The Circuit Court of Appeals, however, held that § 205 (e), as amended by § 108 (b) of the Stabilization Extension Act of 1944, 58 Stat. 640, entitled the Administrator rather than the purchaser to bring suit under the circumstances of this case. This aspect of the case is not now before us.

5

7 Fed. Reg. 3156.

6

7 Fed. Reg. 7968-7969.

7

Respondent points to the provision in § 302 (a) of the Act, 56 Stat. 36, to the effect that the term “sale” as used in the Act includes “sales, dispositions, exchanges, leases, and other transfers, and contracts and offers to do any of the foregoing,” as well as to a similar provision in § 1499.20 (r) of the General Maximum Price Regulation. But such a definition is of no assistance in determining the meaning of the Administrator’s use of the phrase “charged ... for delivery” during March, 1942.

8

General Maximum Price Regulation, Bulletin No. 2 (May, 1942). Maximum Price Regulation No. 188 established prices “at the identical level of the General Maximum Price Regulation” for articles dealt in during March, 1942. 7 Fed. Reg. 5873.

9

Respondent points to two allegedly inconsistent interpretations made by the Administrator:

1. On August 20, 1942 (O. P. A. Press Release No. 564), he made certain statements with reference to Amendment 23 to the General Maximum Price Regulation, 7 Fed. Reg. 6615, allowing a different method of maximum price computation where general price increases were announced prior to April 1, 1942, and deliveries at lower prices were made in March under previous contracts. The provisions and applicability of this amendment are not in issue in this case and statements interpreting that amendment have no bearing here.

2. On-December 5,1942 (O. P. A. Press Release No. 1223), he issued a statement interpreting Amendment 38 to the General Maximum Price Regulation and Amendment 3 to Maximum Price Regulation No. 188, 7 Fed. Reg. 10155. These amendments authorized sellers who made general price increases prior to April 1, 1942, to apply the increases to ceiling prices for goods and services delivered during March under long-term contracts. The Administrator’s explanation of these amendments, which are not presently before us, is likewise irrelevant in this case.

Indeed, the fact that the Administrator found it necessary to make such amendments is some evidence that under the rules here in issue the price established under a previous contract is the maximum price if that was the highest price for goods actually delivered during March, 1942.