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KUSKIN & ROTBERG v. PORTER

No. 262.

153 F.2d 1016 (1946)

KUSKIN & ROTBERG, Inc., v. PORTER, Price Administrator.

United States Emergency Court of Appeals.

Decided February 28, 1946.

Attorney(s) appearing for the Case

Louis Rotberg, of Newark, N. J., for complainant.

Stanley D. Metzger, Atty., Office of Price Administration, of Washington, D. C. (Richard H. Field, Gen. Counsel, Jacob D. Hyman, Associate Gen. Counsel, and Warren L. Sharfman, Chief, Court Review Rent Branch, all of the Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

Heard at Philadelphia, Pa., December 7, 1945.

McALLISTER, Judge.

In this case, we are concerned with the construction to be given Section 5(a) (11)1 of the Housing Regulation which provides for an increase of maximum rent otherwise allowable, on the ground that the rent on the date determining the maximum rent was materially affected by peculiar circumstances and, as a result, was substantially lower than the rent generally prevailing...

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