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BOWLES v. CABOT

No. 117.

153 F.2d 258 (1946)

BOWLES, Price Administrator, v. CABOT et al.

Circuit Court of Appeals, Second Circuit.

January 30, 1946.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Administrator for Enforcement, David London, Chief, Appellate Branch, and Nathan Siegel, Special Appellate Atty., Office of Price Administration, all of Washington, D. C., and John Masterton, Regional Litigation Atty., of New York City, for plaintiff-appellant.

Clarence U. Carruth, Jr., of New York City (Bernard M. Kommel, Norman C. Wynroth, and Henry A. Stickney, all of New York City, of counsel), for defendants-appellees.

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

FRANK, Circuit Judge.

The verified complaint of the Provisional Government which was attached to the defendants' motion to dismiss said (a) that the trucks were bought "for export to plaintiff's colonies" and (b) for use or consumption other than in the course of trade or business."

The possibility of treating the defendants' motion to dismiss as a plea for summary judgment on the basis of the affidavit, in the form of the Provisional Government's sworn complaint...

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