BROWN v. MARS

No. 12551.

135 F.2d 843 (1943)

BROWN, Price Administrator, Office of Price Administration, v. MARS, Inc.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 27, 1943.


Attorney(s) appearing for the Case

Fleming James, Jr., Chief, Litigation Branch, Office of Price Administration, of Washington, D. C. (Thomas I. Emerson, Senior Associate General Counsel, of Washington, D. C., Talbot Smith, of Dallas, Tex., Jerome Walsh, State Atty., of Kansas City, Mo., Abraham Glasser, Sp. Appellate Atty., of Washington, D. C., and David Reich, of New York City, Atty., on the brief), for appellant.

Robert B. Holland, of Dallas, Tex. and Claude R. Miller, of Chicago, Ill. (Leo B. Parker, of Kansas City, Mo., and Strasburger, Price, Holland, Kelton & Miller, of Dallas, Tex., on the brief), for appellee.

Before STONE, WOODROUGH and JOHNSEN, Circuit Judges.


STONE, Circuit Judge.

This is an action in two counts by the Administrator to enjoin alleged violation of Section 4(a) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 904(a), and of Regulations under that Act. After full hearing on the permanent injunction, the petition was dismissed. Plaintiff appeals.

Appellee is a manufacturer of six varieties of candy bars (Milky Way, Snickers, Three Musketeers, Dr. I. Q., Forever Yours, and Mars...

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