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GALLAGHER'S STEAK HOUSE v. BOWLES

No. 318.

142 F.2d 530 (1944)

GALLAGHER'S STEAK HOUSE, Inc., v. BOWLES, Administrator, O.P.A., et al.

Circuit Court of Appeals, Second Circuit.

May 2, 1944.

Attorney(s) appearing for the Case

Olvany, Eisner & Donnelly, of Washington, D. C. (James F. Donnelly and Alvin R. Cowan, both of New York City, of counsel), for appellant.

Thomas I. Emerson, Deputy Administrator for Enforcement, Fleming James, Jr., Director, Litigation Division, David London, Chief, Appellate Branch, and Harry L. Shniderman, Atty., O. P. A., all of Washington, D. C., Irvin C. Rutter, Regional Enforcement Executive, of New York City, and John D. Masterton, Chief Enforcement Atty., O. P. A., of Newark, N. J., for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

This appeal involves the validity of a rationing order made by the Office of Price Administration and of an order subsequently made by the same authority which is called a suspension order.

The appellant, a New York corporation, operates a restaurant in the City of New York where it features the serving of steaks. It is within the class known as institutional users of food to whom was allocated food which was made subject to allocation...

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