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FLETT v. BOWLES

No. 7.

142 F.2d 559 (1944)

FLETT v. BOWLES, Price Administrator.

United States Emergency Court of Appeals.

Decided May 5, 1944.

As Amended June 12, 1944.

Attorney(s) appearing for the Case

Harry M. Brostoff, of Chicago, Ill. (J. Norman Goddess, of Chicago, Ill., on the brief), for complainant.

John O. Honnold, Jr., of Washington, D. C. (Richard H. Field, Acting Gen. Counsel, Nathaniel L. Nathanson, Associate Gen. Counsel, and Henry S. Sellin, James A. Durham, and Miss T. Mildred Kushner, Attys., 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 Chicago January 14, 1944.

MAGRUDER, Judge.

Complainant here challenges the validity of a provision of Maximum Price Regulation No. 30 — Wastepaper, which authorizes paper mills to pay certain allowances, in addition to the specified maximum prices, to sellers who took title and warranted the merchantability of wastepaper packed by a prior vendor.

The Price Administrator, pursuant to authority of Executive Order April 11, 1941, No. 8734...

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