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MARTINI v. PORTER

No. 11082.

157 F.2d 35 (1946)

MARTINI et al. v. PORTER, Price Administrator.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 25, 1946.

Attorney(s) appearing for the Case

Theodore Tamba, of San Francisco, Cal., for appellants.

George Moncharsh, Deputy Adm'r for Enforcement, Milton Klein, Director, Litigation Division, David London, Chief, Appellate Branch, and Samuel Rosenwein, Atty., OPA., all of Washington, D. C., and Herbert H. Bent, Regional Litigation Attorney, OPA., of San Francisco, Cal., for appellee.

Before GARRECHT, DENMAN, and BONE, Circuit Judges.

BONE, Circuit Judge.

This is an appeal from a judgment awarding treble damages against appellants in an action instituted by the Price Administrator in the district court pursuant to Section 205(e) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 925(e), hereinafter referred to as the Act.1

In its complaint, plaintiff charged that appellants, and others, sold 3,782 cases of

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