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PORTER v. MILLER

No. 164.

155 F.2d 88 (1946)

PORTER, Price Adm'r, v. MILLER et al.

Circuit Court of Appeals, Second Circuit.

April 23, 1946.

Attorney(s) appearing for the Case

Nathan B. Fogelson, and Cohen & Wedeen, all of New York City, for appellants.

A. M. Dreyer, and George Moncharsh, Deputy Adm'r for Enforcement, Milton Klein, Director Litigation Div., David London, Chief, Appellate Branch, and Arthur G. Silverman, Sp. Appellate Atty., OPA, all of Washington, D. C., and Kenneth V. Fisher, Regional Litigation Atty., OPA, of New York City, for appellee.

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

L. HAND, Circuit Judge.

The Price Administrator sued the defendants to recover treble damages under § 205(a) and (e) of the Emergency Price Control Act, — 50 U.S.C.A.Appendix § 925 (a) and (e) — for selling goods above the "ceiling" prices, fixed by the General Maximum Price Regulation; but the parties have stipulated that the recovery shall be limited to the difference between the actual prices received and the lawful price. There is no dispute...

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