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BOWLES v. WARNER HOLDING CO.

No. 13087.

151 F.2d 529 (1945)

BOWLES, Adm'r, v. WARNER HOLDING CO.

Circuit Court of Appeals, Eighth Circuit.

October 31, 1945.

Attorney(s) appearing for the Case

R. M. McCareins, Special Litigation Counsel, OPA, of St. Paul, Minn. (George Moncharsh, Deputy Adm'r for Enforcement, OPA, Fleming James, Jr., Director, Litigation Division, OPA, and David London, Chief, Appellate Branch, OPA, all of Washington, D. C., Harry Witherell, Regional Litigation Atty., OPA, of Chicago, Ill., and Harris Nuernberg, Dist. Enforcement Atty., OPA, of St. Paul, Minn., on the brief), for appellant.

R. H. Fryberger, of Minneapolis, Minn. (M. R. Keith and G. W. Townsend, both of Minneapolis, Minn., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

This is an action brought by the Administrator of the Office of Price Administration, under § 205(a)1 of the Emergency Price Control Act of 1942, 56 Stat. 23, 33; 50 U.S.C.A.Appendix, § 925(a), to compel compliance with § 4(a)2 of the Act. The question for decision is whether the District Court erred in refusing to order the defendant...

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