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FRANK v. HENDERSON

No. 9.

133 F.2d 207 (1942)

FRANK v. HENDERSON, Price Adm'r.

United States Emergency Court of Appeals.

Decided December 29, 1942.

Attorney(s) appearing for the Case

William N. McNair, of Pittsburgh, Pa., for complainant.

David Ginsburg, Gen. Counsel, Thomas I. Emerson, Associate Gen. Counsel, Nathaniel L. Nathanson, Asst. Gen. Counsel, and Ben W. Heineman, Chief, Court Review Branch, all of the Office of Price Administration, all of Washington, D. C., for respondent.

Before VINSON, Chief Judge, and MARIS and MAGRUDER, Judges.

On Motion to Dismiss.

PER CURIAM.

This cause is before us on respondent's motion to dismiss the complaint herein, and complainant's answer thereto. The motion is based upon two grounds: (1) That no protest has been filed with the Price Administrator pursuant to Section 203(a) of the Emergency Price Control Act of 19421 and the Administrator's procedural regulations with reference thereto; and (2) that the complainant failed to...

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