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PORTER v. GRAY

No. 11084.

158 F.2d 442 (1946)

PORTER, Adm'r, OPA, v. GRAY. GRAY v. PORTER, Adm'r, OPA.

Circuit Court of Appeals, Ninth Circuit.

November 16, 1946.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm. for Enforcement, David London, Director, Litigation Div., Albert M. Dreyer, Chief Appellate Branch, Harold Craske, Atty., OPA, all of Washington, D. C., for appellant.

Cosgrove, Terhune & Schlosstein, of Seattle, Wash., for appellee.

Before DENMAN, BONE and ORR, Circuit Judges.

DENMAN, Circuit Judge.

The administrator appeals from a judgment awarding him the exact amount of overcharges in the sale of red cedar shingles found by the district court to be due because Gray had overcharged in violation of Section 1381.4 a and b of the Price Regulations and a later provision 1381.4 c. The overcharges are later considered and found to have been correctly adjudicated. The evidence shows that Gray has not maintained his burden of proof that his violations...

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