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BOWLES v. SANDEN & FERGUSON CO.

No. 10901.

149 F.2d 320 (1945)

BOWLES, Adm'r, Office of Price Administration, v. SANDEN & FERGUSON CO.

Circuit Court of Appeals, Ninth Circuit.

May 7, 1945.

Attorney(s) appearing for the Case

Thomas I. Emerson, Deputy Adm. for Enforcement, OPA, Fleming James, Jr., Director, Litigation Division, David London, Chief, Appellate Branch, and Nathan Siegel, all of Washington, D. C., Max D. Melville, of Denver, Colo., and Clarence E. Wohl, of Helena, Mont., for appellant.

Paul W. Smith and David R. Smith, both of Helena, Mont., for appellee.

Before HEALY and BONE, Circuit Judges, McCOLLOCH, District Judge.

McCOLLOCH, District Judge.

This case was tried in January, 1944. At that time the Office of Price Administration was contending for a construction of the Emergency Price Control Act that Federal courts on the equity side must issue injunctions when violations of the Act were shown, regardless of fault. This construction of the Act was rejected in Hecht Co. v. Bowles, 321 U.S. 321, 64 S.Ct. 587, 88 L.Ed. 754 (decided February 28, 1944...

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