BOWLES v. TRULLINGER

No. 11013.

152 F.2d 191 (1945)

BOWLES, Price Administrator, v. TRULLINGER.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1945.


Attorney(s) appearing for the Case

George Moncharsh, Deputy Administrator for Enforcement, OPA., David London, Chief, Appellate Branch, and Samuel Cohen, Atty., all of Washington, D. C., Herbert H. Bent, Regional Litigation Atty., of San Francisco, Cal., and Adams F. Joy, Atty., OPA., of Portland, Or., for appellant.

Cake, Jaureguy & Tooze and Nicholas Jaureguy, all of Portland, Or., for appellee.

Before GARRECHT, MATHEWS, and ORR, Circuit Judges.


GARRECHT, Circuit Judge.

This is an appeal from the lower court's dismissal of an action for statutory damages brought by the Administrator of the Office of Price Administration, the appellant, for the sale of a used tractor in violation of Maximum Price Regulation No. 136.

The lower court proceeded on the theory that one Earl Gilmore purchased the used Allis-Chalmers tractor from the appellee as an ultimate consumer and the sale was made to him for use or...

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