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ROTTENBERG v. UNITED STATES

Nos. 3885, 3892.

137 F.2d 850 (1943)

ROTTENBERG et al. v. UNITED STATES. YAKUS v. SAME.

Circuit Court of Appeals, First Circuit.

August 23, 1943.

Attorney(s) appearing for the Case

Leonard Poretsky, John H. Backus, and William H. Lewis, all of Boston, Mass., for Benjamin Rottenberg et al.

Leonard Poretsky, Francis P. Garland, and Joseph Kruger, all of Boston, Mass., for Albert Yakus.

Robert L. Wright, Sp. Asst. to Atty. Gen., and Edmund J. Brandon, U. S. Atty., and William T. McCarthy and Joseph J. Gottlieb, Asst. U. S. Attys., all of Boston, Mass., for the United States.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAGRUDER, Circuit Judge.

In these criminal prosecutions for violations of § 4(a) of the Emergency Price Control Act, 56 Stat. 28, 50 U.S.C.A.Appendix § 904(a), by making sales at prices in excess of those prescribed by an applicable price regulation, the question is squarely presented whether, or to what extent, the trial court may entertain a defense based upon the alleged invalidity of the regulation. The point...

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