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BOWLES v. MILLER

No. 3163.

151 F.2d 992 (1945)

BOWLES, Price Administrator, v. MILLER.

Circuit Court of Appeals, Tenth Circuit.

November 5, 1945.

Attorney(s) appearing for the Case

George Moncharsch, Deputy Administrator for Enforcement, of Washington, D. C. (Fleming James, Jr., Director, Litigation Division, David London, Chief, Appellate Branch, Samuel Mermin, Sp. Appellate Atty., and Karl E. Lachmann, Atty., Office of Price Administration, all of Washington, D. C., and Max D. Melville, Regional Litigation Atty., of Denver, Colo., on the brief), for appellant.

No appearance for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Chester Bowles, Administrator, Office of Price Administration, for and on behalf of the United States, instituted this action against Clarence M. Miller, a shipper of onions, to recover treble damages for the selling of onions between September 14, 1943, and October 31, 1943, at prices in excess of the maximum prices established by Revised Maximum Price Regulation No. 271. The court dismissed the action on the ground that it had been brought...

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