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BOWLES v. HAYES

No. 9122.

155 F.2d 351 (1946)

BOWLES, Adm'r, OPA, v. HAYES et al.

Circuit Court of Appeals, Third Circuit.

Decided April 17, 1946.

Attorney(s) appearing for the Case

Albert M. Dreyer, of Washington, D. C. (George Moncharsh, Deputy Adm'r for Enforcement, Milton Klein, Director Litigation Div., and David London, Chief Appellate Branch, all of Washington, D. C., Howard L. Fussell, Enforcement Atty., of Wilmington, Del., and Kenneth V. Fisher, Regional Litigation Atty., of New York City, on the brief), for appellant.

H. Albert Young, of Wilmington, Del., for appellees.

Before BIGGS, MARIS and O'CONNELL, Circuit Judges.

BIGGS, Circuit Judge.

Suit was filed in the court below by the Administrator of the Office of Price Administration to restrain the defendants from prosecuting a tenant for criminal trespass under the provisions of Section 5234, Revised Code of Delaware of 1935.1 The complaint alleges in substance that the criminal prosecution is in reality an attempted eviction of the tenant in violation of the...

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