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PORTER v. BADGER

No. 11124.

156 F.2d 151 (1946)

PORTER v. BADGER.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 16, 1946.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm. for Enforcement, Milton Klein, Director, Litigation Division, David London, Chief, Appellate Branch, and Arthur G. Silverman, Special Appellate Atty., OPA, all of Washington, D.C., and Herbert H. Bent, Regional Litigation Atty., of San Francisco, Cal., and Wm. H. Buckingham, Atty., OPA., of Los Angeles, Cal., for appellant.

A. W. Brunton, of Los Angeles, Cal., for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.

BONE, Circuit Judge.

The Price Administrator appeals from a judgment of dismissal after trial. The action was brought for injunctive relief and statutory (treble) damages of $3847.70 under Section 205(a) and (e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a) (e). The issues, as reduced by the Pretrial Statement of Issues, upon which the case was tried and submitted were: (1) whether, in the two transactions upon which statutory...

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