Hugo Black

“ We hold that it was error to construe the Executive Orders as not allowing maintenance of these suits in the name of the United States. It is true that Order No. 9841 which transferred various OPA functions to the Secretary of Commerce empowered the Secretary to 'institute, maintain, or defend in his own name civil proceedings in any court * * *, relating to the matters transferred to him, including any such proceedings pending on the effective date of the transfer * * *.' (Emphasis added.) ”

“ Moreover, nothing in § 205 (e) prevents the Attorney General, who is customarily charged with representing the Government's interests in court, from following his normal procedure of maintaining enforcement suits in the name of the United States itself. [10] No unfairness to the defendants will result. ”

“ Regardless of captions, the issues in these cases could not change and the real party-in-interest plaintiff has always been the same. Cf. United States Dept. of Agriculture Emergency Crop and Feed Loans v. ”