CITY OF NEWARK v. HORNS

Civil Action No. 4110.

62 F.Supp. 310 (1945)

CITY OF NEWARK v. HORNS et al.

District Court, D. New Jersey.

September 14, 1945.


Attorney(s) appearing for the Case

Philip J. Schotland, of Newark, N. J. (George B. Astley, of Newark, N. J., of counsel), for plaintiff.

Morris H. Cohn, of Newark, N. J., for defendants.


FAKE, District Judge.

The issues here arise on motion to dismiss the complaint on the ground of lack of diversity of citizenship and on the further ground that plaintiff has no standing before the court under Section 205(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix § 925(e).

The violations alleged in the complaint occurred prior to June 30, 1944, at which time the Administrator was without authority to institute a suit...

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