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BOWLES v. BIBERMAN BROS.

No. 9009.

152 F.2d 700 (1945)

BOWLES, Administrator, O.P.A., v. BIBERMAN BROS., Inc.

Circuit Court of Appeals, Third Circuit.

Decided September 21, 1945.

As Amended December 6, 1945.

On Second Petition for Rehearing January 8, 1946.

Attorney(s) appearing for the Case

Joseph Forer, of Washington, D. C. (George Moncharsh, Deputy Adm'r for Enforcement, and David London, Chief, Appellate Branch, OPA, both of Washington, D. C., and Robert J. Callaghan, Dist. Enforcement Atty., and Sydney M. Friedman, Enforcement Atty., OPA, both of Philadelphia, Pa., on the brief), for appellant.

Harry Shapiro of Philadelphia, Pa. (Shapiro & Shapiro, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

BIGGS, Circuit Judge.

The Administrator of the Office of Price Administration sued Biberman Bros., Inc., pursuant to Section 205(a) and (e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix § 925(a) and (e), for injunctive relief and for treble damages. The Administrator alleges that Biberman, a manufacturer of dresses, violated Section 4(a) of the Act, 50 U.S.C.A. Appendix § 904(a), because it failed to comply with Maximum Price...

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