BOWLES v. LEVY

Nos. 2786, 2785, 2787, 2788, 2824.

66 F.Supp. 97 (1946)

BOWLES, Adm'r, OPA, v. LEVY, and four other cases.

District Court, D. Oregon.

Supplemental Opinion June 10, 1946.


Attorney(s) appearing for the Case

Wm. B. Wetherall, Regional Chief, Food Enforcement Division, of San Francisco, Cal., and F. E. Wagner and James M. Blackford, Dist. Enforcement Attys., Cecelia P. Gallagher, Enforcement Atty., and Victor E. Harr and J. Robert Patterson, Asst. U. S. Attys., all of Portland, Or., for the plaintiff.

Cake, Jaureguy & Tooze, of Portland, Or. (Herbert C. Hardy and Ralph H. Cake, both of Portland, Or., of counsel), for defendants.


McCOLLOCH, District Judge.

I accept the contention of defendants as proven that the regulation is unworkable in this area. It has been shown that violations are unavoidable. No evidence was offered to the contrary.

But the question remains whether I may deny OPA an injunction in any case where a regulation exists and violation of the regulation is shown. All of my instincts say that should not be enough, that the equities should be open to inquiry in every...

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