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BOWLES v. LIGHTHOUSE OYSTERS

No. 11015.

151 F.2d 435 (1945)

BOWLES, Price Administrator, v. LIGHTHOUSE OYSTERS, Inc., et al.

Circuit Court of Appeals, Ninth Circuit.

October 16, 1945.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm'r for Enforcement, Fleming James, Jr., Director, Litigation Division, David London, Chief Appellate Branch, Samuel L. Cohen, and Samuel Mermin, Attys., OPA, all of Washington, D. C., and James M. Blackford, Franz Wagner, and Cecelia Gallagher, Attys., OPA, all of Portland, Ore., for appellant.

Alton John Bassett, of Portland, Ore., for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

Appellant, in April 1944, sued under the provisions of § 205(e) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 925(e), to recover treble damages for alleged overcharges. The court awarded judgment in a small amount, and the Administrator appeals.

Two questions are presented. It is contended that the court fell into error, first, in deducting from the overcharges a credit which had already been allowed in the computations...

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