BROWN v. W. T. GRANT CO.


53 F.Supp. 182 (1943)

BROWN, Price Adm'r, v. W. T. GRANT CO. SAME v. J. J. NEWBERRY CO. SAME v. J. C. PENNEY CO. SAME v. McCRORY STORES.

District Court, S. D. New York.

December 14, 1943.


Attorney(s) appearing for the Case

Mitchell I. Jelline, Chief Enforcement Attorney, Office of Price Administration, of New York City (Fleming James, Jr., Chief, Litigation Branch, Office of Price Administration, of Washington, D. C., and Atwood Cranston, of Washington, D. C., Litigation Attorney, Office of Price Administration, of counsel), for plaintiff.

Katz & Sommerich, of New York City (Maxwell C. Katz, Otto C. Sommerich, Benjamin Busch, and Eugene M. Foley, all of New York City, of counsel), for defendant Grant.

Claude V. Pallister, of New York City, for defendant Newberry.

Gwinn & Pell, of New York City, for defendant Penney.

Sullivan & Cromwell, of New York City, for defendant McCrory.


RIFKIND, District Judge.

By his complaint, in the action against W. T. Grant Company, the Price Administrator alleges that during the period between February 24, 1943 and the date of the complaint (August 9, 1943), there was, and still is, in effect a regulation known as Maximum Price Regulation No. 330, as amended — Retailers and Wholesalers Prices for Women's, Girls' and Children's Outerwear Garments (8 F.R. 2209 et seq.), pursuant to Sec. 2 of the Emergency...

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