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CAPITOL FOUNDRY CO. v. BOWLES

No. 120.

146 F.2d 855 (1944)

CAPITOL FOUNDRY CO. v. BOWLES, Price Adm'r.

United States Emergency Court of Appeals.

Decided September 28, 1944.

Rehearing Denied January 15, 1945.

Attorney(s) appearing for the Case

Henderson Stockton, of Phoenix, Ariz. (S. N. Karam, of Phoenix, Ariz., on the brief), for complainant.

Frank H. Sloss, Regional Price Executive, of San Francisco, Cal. (Richard H. Field, Gen. Counsel, Nathaniel L. Nathanson, Associate Gen. Counsel, Jacob D. Hyman, Chief, Court Review Price Branch, Ernest R. Mortenson, Atty., and Josephine H. Klein, Atty., all of the Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

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

Heard at Los Angeles September 5, 1944.

MARIS, Chief Judge.

The complainant is a producer of gray iron castings in Phoenix, Arizona. The Arizona Iron Works is or recently was in the same business in Phoenix.1 Its nearest competitors are hundreds of miles away in Los Angeles and El Paso. Maximum Price Regulation No. 244 (gray iron castings)2 froze complainant's prices at the highest price at which it...

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