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BOWLES v. PATRICK LUMBER CO.

No. 11023.

151 F.2d 444 (1945)

BOWLES, Price Administrator, v. PATRICK LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 26, 1945.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm'r for Enforcement, Fleming James, Jr., Director, Litigation Division, and David London, Chief, Appellate Branch, OPA, all of Washington, D. C., and Herbert H. Bent, Regional Litigation Atty., and Jerome S. Bischoff, Chief, Lumber Enforcement Unit, OPA, both of San Francisco, Cal. (Samuel Mermin, Sp. Appellate Atty., OPA, of Washington, D. C., of counsel), for appellant.

William C. McCulloch and Teal, Winfree, McCulloch, Shuler & Kelley, all of Portland, Or., for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

PER CURIAM.

The Price Administrator appeals from an adverse judgment in a suit for damages for sales of Douglas fir dimension lumber at prices allegedly in excess of the maximum contemplated by RMPR No. 26.

The question on the appeal concerns the interpretation of the regulation. The trial court found that the prices charged were not in excess of the maximum prescribed in Table 2, § 23, of the regulation, which table appellee had thought applicable to...

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