PORTER v. LEVENTHAL

No. 61, Docket 20323.

160 F.2d 52 (1946)

PORTER, Price Administrator, v. LEVENTHAL.

Circuit Court of Appeals, Second Circuit.

December 31, 1946.


Attorney(s) appearing for the Case

George Moncharsh, David London, Albert M. Dreyer, and Walter D. Murphy, all of Washington, D. C. (Kenneth V. Fisher, of New York City, of counsel), for plaintiff-appellee.

Hays, St. John, Abramson & Schulman of New York City (Shad Polier, of New York City, of counsel), for defendant-appellant.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

The issue here is this: Did defendant in 1943 sell at prices above the March 1942 prices of his "most closely competitive seller of the same class?" On that issue the plaintiff had the burden of proof. Therefore, plaintiff, in order to win, had to show facts which directly proved, or from which it could reasonably be inferred, that defendant's "most closely competitive seller" sold Regens-made lighters during March 1942 at prices below the prices...

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