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TALBERT v. SIMS

No. 5241.

143 F.2d 958 (1944)

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

Circuit Court of Appeals, Fourth Circuit.

June 23, 1944.

Attorney(s) appearing for the Case

Fleming James, Jr., Director, Litigation Division, of Washington, D. C., (Thomas I. Emerson, Deputy Administrator for Enforcement, David London, Chief, Appellate Branch, and Harry L. Shniderman, Atty., all of Washington, D. C., Charles B. Elliott, District Enforcement Atty., and John B. McCutcheon, Atty., Office of Price Administration, both of Columbia, S. C., on the brief), for appellants.

C. E. Daniel and Edwin W. Johnson, both of Spartonburg, S. C. (Jennings L. Thompson, of Spartonburg, S. C., on the brief), for appellee.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the District Court of the United States for the Eastern District of South Carolina, which permanently enjoined officers of the Office of Price Administration (defendants-appellants) from enforcing a suspension order which forbade J. E. Sims (plaintiff-appellee) from dealing in rationed gasoline for a period of 30 days, at his filling station in Gaffney, South Carolina.

Sims operated a number of retail...

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