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BOWLES v. LAKE LUCERNE PLAZA

No. 11193.

148 F.2d 967 (1945)

BOWLES v. LAKE LUCERNE PLAZA, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 17, 1945.

Attorney(s) appearing for the Case

Fleming James, Jr., Director, Litigation Division, Office of Price Administration, David London, Chief, Appellate Branch, O. P. A., and Abraham Glasser, Sp. Appellate Atty., all of Washington, D. C.; Frank Thompson, District Enforcement Atty., O. P. A., and C. H. Lichliter, Enforcement Atty., O.P.A., both of Jacksonville, Fla., and John D. Mosby, Regional Litigation Atty., O.P.A., of Atlanta, Ga., for appellant.

Claude L. Gray, of Orlando, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

The Price Administrator brought this suit to restrain the defendant, appellee here, from violating the Emergency Price Control Act of 1942.1 From a final judgment dismissing his suit, he prosecutes this appeal.

Appellant correctly states the facts as follows:

"The defendant (appellee here), a Florida corporation, is the owner of thirteen newly constructed housing...

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