HENDERSON v. BURD

No. 143.

133 F.2d 515 (1943)

HENDERSON, Price Adm'r, v. BURD et al.

Circuit Court of Appeals, Second Circuit.

February 9, 1943.


Attorney(s) appearing for the Case

Henry Lichtig, of New York City (David M. Berger, of New York City, of counsel), for appellants.

David Ginsburg, Gen. Counsel, and Brunson MacChesney, Asst. Gen. Counsel, both of Washington, D. C., Irvin C. Rutter, Regional Enforcement Atty., of New York City, and Harry W. Jones, Chief, Appellate and Briefing Branch, and Carl W. Berueffy, Atty., both of Washington, D. C., for appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

Pursuant to power conferred by the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix § 901 et seq., the plaintiff promulgated Revised Price Schedule No. 95* fixing maximum prices applicable to sales of nylon hose by manufacturers. By section 1401.10 of such schedule wholesalers or jobbers are permitted to sell at the manufacturers' prices "increased by ten per cent." Sales in violation of any price schedule...

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