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DIVEN v. PORTER

No. 13270.

157 F.2d 593 (1946)

DIVEN v. PORTER, Adm'r, OPA.

Circuit Court of Appeals, Eighth Circuit.

October 18, 1946.

Attorney(s) appearing for the Case

J. F. Quillin, of Mena, Ark. and T. B. Vance, of Texarkana, Ark., for appellant.

Nathan Siegel, Sp. Appellate Atty., OPA, of Washington, D. C. (George Moncharsh, Deputy Adm'r for Enforcement, David London, Director, Litigation Div., Albert M. Dreyer, Chief, Appellate Branch, and Robert F. Proctor, Regional Litigation Atty., all of Washington, D. C., and Charles T. Pearson, Dist. Enforcement Atty., OPA, of Fayetteville, Ark., on the brief), for appellee.

Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

The Administrator of the Office of Price Administration brought this action against Charles L. Diven for injunction and treble damages for the sale of canned beans at a price alleged to be over the ceiling price established by Food Products Regulation No. 1, Supp. 7, Amendment 6, issued August 30, 1944 (See 9 Fed.Reg. 6711 and 10709) under authority of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq.

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