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BOWLES v. SEMINOLE ROCK & SAND CO.

No. 11032.

145 F.2d 482 (1944)

BOWLES, Administrator, O. P. A., v. SEMINOLE ROCK & SAND CO.

Circuit Court of Appeals, Fifth Circuit.

November 14, 1944.

Attorney(s) appearing for the Case

Fleming James, Jr., Dr., Litigation Division, Office of Price Administration, and David London, Chief, Appellate Branch, OPA, both of Washington, D. C., for appellant.

Robert Ruark and S. W. Ruark, both of Raleigh, N. C., and J. M. Hemphill, of Chester, S. C., for appellee.

Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

This appeal is from a final judgment dismissing an action by the Price Administrator under Section 205 (a) and (e) of the Emergency Price Control Act of 1942, 56 Stat. 23, 50 U.S.C.A. 11, §§ 901 et seq., 925 (a) and 925 (e), hereinafter referred to as the Act. The action was brought to restrain the defendant from continuing to violate the Act and Maximum Price Regulation 188 (7 F. R. 3872) issued thereunder, and to recover from defendant...

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