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BOWLES v. BERARD

Civil Action No. 1236.

57 F.Supp. 94 (1944)

BOWLES, Price Adm'r, v. BERARD.

District Court, E. D. Wisconsin.

September 27, 1944.

Attorney(s) appearing for the Case

Robert Stebbins, Acting Dist. Enforcement Atty., for O. P. A., of Green Bay, Wis., for plaintiff.

G. F. Clifford, of Green Bay, Wis., for defendant.

DUFFY, District Judge.

The matter before the court is a motion by plaintiff under Rule 37(b) (2) (iii), F.R.C.P., 28 U.S.C.A. following section 723c, for judgment by default by reason of defendant's failure to answer interrogatories submitted to him under Rule 33, F.R.C.P.

Treble damages are sought in this action pursuant to Sec. 205(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, §§ 901 et seq., 925.

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