PORTER v. BLOCK

Nos. 5470, 5471.

156 F.2d 264 (1946)

PORTER, Adm'r, OPA, v. BLOCK. SAME v. SHERWOOD DISTILLING CO.

Circuit Court of Appeals, Fourth Circuit.

Rehearing Denied July 13, 1946.


Attorney(s) appearing for the Case

Albert J. Rosenthal, Atty., and Samuel Mermin, Chief, Special Litigation Branch, Office of Price Administration, both of Washington, D. C. (George Moncharsh, Deputy Adm'r for Enforcement, and Milton Klein, Director, Litigation Division, both of Washington D. C., Kenneth V. Fisher, Regional Litigation Attorney, of New York City, and Francis Key Murray, Dist. Enforcement Atty., Office of Price Administration, of Baltimore, Md., on the brief), for appellant.

Wilson K. Barnes, of Baltimore, Md. (Carman, Anderson & Barnes, G. C. A. Anderson, Leon A. Rubenstein, and William Hoffenberg, all of Baltimore, Md., on the brief), for appellees.

Before GRONER, Chief Justice, U. S. Court of Appeals for the District of Columbia, and SOPER and DOBIE, Circuit Judges.


SOPER, Circuit Judge.

No. 5471.

The Administrator of the Office of Price Administration seeks a mandatory injunction to require The Sherwood Distilling Company to file an application for maximum prices on certain of its products which it sold in 1943 before maximum prices therefor had been established; and the Administrator also seeks to recover $296,564.82, that is, three times the amount by which the aggregate sales prices of the goods sold exceeded the...

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