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DAVIES WAREHOUSE CO. v. BROWN

No. 5.

137 F.2d 201 (1943)

DAVIES WAREHOUSE CO. v. BROWN, Price Administrator.

United States Emergency Court of Appeals.

Decided May 28, 1943.

Writ of Certiorari Granted October 11, 1943.

Attorney(s) appearing for the Case

Reginald L. Vaughan, of San Francisco, Cal., for complainant.

W. R. Ming, Jr., of Washington, D. C. (David Ginsburg, General Counsel, Thomas I. Emerson, Associate General Counsel, Nathaniel L. Nathanson, Assistant General Counsel, Ben W. Heineman, Chief, Court Review Branch, and Carl H. Fulda and H. H. Schneider, Attorneys, Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

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

Writ of Certiorari Granted October 11, 1943. See 64 S.Ct. 40, 88 L.Ed. ___.

MARIS, Judge.

Complainant conducts the business of a public warehouse in the City of Los Angeles, California. Its business is declared by both constitution1 and statute2 of California to be that of a public utility subject to regulation by the railroad commission of the state. That regulation includes the fixing of rates and...

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