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BROWN v. WILEMON

No. 10840.

139 F.2d 730 (1944)

BROWN, Administrator, Office of Price Administration, et al. v. WILEMON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 3, 1944.

Attorney(s) appearing for the Case

Thomas I. Emerson, Deputy Administrator for Enforcement, O. P. A., and Fleming James, Jr., Director, Litigation Division, O. P. A., and Harry L. Shniderman, Atty., Appellate Section, O. P. A., all of Washington, D. C., W. B. Harrell, Regional Litigation Atty., O. P. A., and David B. Love, Regional Litigation Atty., O. P. A., both of Dallas, Tex., for appellants.

Howard Dailey, of Dallas, Tex., for appellees.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The appellees, plaintiffs below, are licensed operators of gasolene filling stations in Dallas, Texas. Under the allocation regulations of the Office of Price Administration they registered as distributors and undertook to make the required reports. On May 6, 1943, a hearing was set to ascertain whether because of violations of the rationing order 5C. they should be suspended from dealing in gasolene. The Hearing Commissioner found that appellees...

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