MORTON, District Judge.
This is an action, based on the regulations of the War Industries Board governing dealers in wool, to recover from the defendant, who was a central wool dealer, his profits for the year 1918, in excess of 5 per cent. of his gross sales. A demurrer to the declaration was heard and overruled. U. S. v. Smith (D. C.) 285 F. 751. The facts are settled by stipulation of the parties; and the question is which party is entitled to judgment.
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