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SIMS v. TALBERT

No. 1070.

52 F.Supp. 688 (1943)

SIMS v. TALBERT, State Director, Office of Price Administration, et al.

District Court, E. D. South Carolina, Columbia Division.

December 3, 1943.

Attorney(s) appearing for the Case

E. W. Johnson, Jennings L. Thompson, and C. Erskine Daniel, all of Spartanburg, S. C., for petitioner Sims.

Fleming James, Jr., Chief, Litigation Branch, and Lowell J. Grady, Sp. Litigation Atty., both of Washington, D. C., and Chas. B. Elliott, District Enforcement Atty., Carlisle Roberts, Chief Enforcement Atty., and John B. McCutcheon Jr., Enforcement Atty., all of Columbia, S. C., for defendants.

TIMMERMAN, District Judge.

This is a suit to enjoin the enforcement of Suspension Order No. 193-G, issued against the petitioner Sims by an O. P. A. Hearing Commissioner on June 23, 1943, in the proceeding, "In the Matter of Star Oil Company, William Mabry, Manager, J. E. Sims, Owner, Gaffney, South Carolina, Respondent."

The Suspension Order, as it affects the petitioner Sims, provides:

"2. Respondent, J. E. Sims, shall not transfer or deliver or...

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