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MECHANICAL FARM EQUIPMENT DISTRIBUTORS v. PORTER

No. 11227.

156 F.2d 296 (1946)

MECHANICAL FARM EQUIPMENT DISTRIBUTORS, INC., v. PORTER.

Circuit Court of Appeals, Ninth Circuit.

June 24, 1946.

Attorney(s) appearing for the Case

Howe & Finch, of Palo Alto, Cal., for appellant.

George Moncharsh, Deputy Adm. for Enforcement, Milton Klein, Director, Litigation Division, David London, Chief, Appellate Branch, and Harold Craske, Attorney, OPA, all of Washington, D. C., and Herbert H. Bent, Regional Litigation Attorney, and William H. Brunner, Dist. Enforcement Attorney, OPA, both of San Francisco, Cal., for appellee.

Before DENMAN, BONE and ORR, Circuit Judges.

BONE, Circuit Judge.

Appellant is a dealer in used tractors. On October 5, 1944, appellee-Administrator instituted an action against appellant alleging that appellant had sold used tractors at prices in excess of M.P.R. No. 133 and M.P.R. No. 136, both as amended. The Administrator, under Section 205(e) of the Emergency Price Control Act, 50 U.S.C.A. Appendix, § 925(e) (hereinafter referred to as the Act), demanded damages in treble the amount of the overcharges...

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