BOWLES v. WHAYNE

No. 9992.

152 F.2d 375 (1945)

BOWLES, Price Administrator, v. WHAYNE et al.

Circuit Court of Appeals, Sixth Circuit.

December 17, 1945.


Attorney(s) appearing for the Case

George Moncharsh, Fleming James, Jr., David London, and Nathan Siegel, all of Washington, D. C., Walter J. Heddesheimer, of Cleveland, Ohio, and Fritz Krueger, of Louisville, Ky., on the brief, for appellant.

Nelson Helm, Louis Seelbach, Doolan, Helm, Stites & Wood, and Bullitt & Middleton, all of Louisville, Ky., on the brief, for appellees.

Before MARTIN and McALLISTER, Circuit Judges, and FORD, District Judge.


MARTIN, Circuit Judge.

The District Court dismissed a complaint filed by the O. P. A. Price Administrator against the appellees, doing business in Louisville, Kentucky, as the Roy C. Whayne Supply Company. The Administrator sought to recover $20,475, being treble the amount of the excess in consideration over the maximum price established by regulation of the Office of Price Administration for a drag line equipped with an oil engine, sold by appellees in October,...

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