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HOTEL ENTERPRISES v. PORTER

No. 302.

157 F.2d 690 (1946)

HOTEL ENTERPRISES v. PORTER, Price Administrator.

United States Emergency Court of Appeals.

Decided September 12, 1946.

Rehearing Denied December 6, 1946.

Attorney(s) appearing for the Case

Julius F. Parker, of Tallahassee, Fla. (Leo L. Foster and T. T. Turnbull, both of Tallahassee, Fla., on the brief), for complainant.

Harry H. Schneider, Chief Court Review Rent Branch, of Washington, D. C. (Richard H. Field, Gen. Counsel, Jacob D. Hyman, Associate Gen. Counsel, and Walter L. Reitz, Jr., Atty., all of the Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

Heard at Tallahassee, Fla., May 31, 1946.

McALLISTER, Judge.

Complainant partnership operates the Cherokee Hotel in the capital city of Florida at Tallahassee. For at least 20 years in the past, prior to national price and rent control, the hotel has charged a special rate for certain rooms, during the biennial sessions of the state legislature. This special rate consisted of a flat charge for a room, regardless of how many persons used or occupied it. Thus...

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