Circuit Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 2, 1946.
Rehearing Denied January 7, 1947.
Attorney(s) appearing for the Case
Harry S. Pollard, of Austin, Tex., for appellants.
Irving M. Gruber, Chief, General Litigation Branch, of Washington, D. C., J. M. Burnett, U. S. Atty., and William P. Dobbins and Van H. Howard, Jr., Attys., OPA, all of San Antonio, Tex., and David London, Dr., Litigation Div., OPA, of Washington, D. C. (George Moncharsh, Deputy Adm'r for Enforcement, Albert M. Dreyer, Chief, Appellate Branch, and Abraham H. Maller, Sp. Appellate Atty., OPA, all of Washington, D. C., and Leonard M. Cox, Regional Litigation Atty., of Dallas, Tex., on the brief), for appellee.
Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.
Circuit Court of Appeals, Fifth Circuit.
PER CURIAM.
The suit brought under Section 205(e) of the Emergency Price Control Act1 was for statutory damages on account of two sales of poultry above ceiling price. The claim was that though the price per pound stated in the invoice accompanying each shipment was within the ceiling, each shipment was short in weight, and the invoice for the shipment as a whole represented an actual overcharge per pound. The defense was a denial of a...
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