PORTER v. SHIBE

Nos. 3393, 3403.

158 F.2d 68 (1946)

PORTER v. SHIBE et al. SAME v. DARLINGTON, Inc., et al.

Circuit Court of Appeals, Tenth Circuit.

November 5, 1946.


Attorney(s) appearing for the Case

Irving M. Gruber, Chief, Gen. Litigation Branch, of Washington, D. C. (George Moncharsh, Dep. Admin. for Enforcement, David London, Director, Litigation Div., Leanora S. Gruber, Atty., Jacob W. Rosenthal, Atty., Office of Price Administration, all of Washington, D. C., Max D. Melville and William W. McNeill, Regional Litigation Attys., both of Denver, Colo., Office of Price Administration, and Glen V. Graf, Atty., of Kansas City, Mo., Office of Price Administration, on the brief), for appellant.

Paul L. Thomas and Walter G. Klamm both of Kansas City, Kan., for appellees Agnes and Arthur Shibe.

Victor A. Miller, of Denver, Colo., for appellees Darlington, Inc., and others.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


PHILLIPS, Circuit Judge.

In No. 3393 the facts are these:

The Shibes are the owners of premises, commonly known as 1412 Freeman Avenue, Kansas City, Kansas. A two-room apartment on the first floor of such premises was occupied by A. Miller and his wife, as tenants from week to week. On July 9, 1946, Arthur Shibe personally served upon Miller a written notice to terminate the tenancy on July 22, 1946. The rent was due on that date. The Millers did not vacate...

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