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PORTER v. LITTLE

No. 11231.

158 F.2d 707 (1946)

PORTER v. LITTLE et al.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing January 6, 1947.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm. for Enforcement, OPA., David London, Director, Litigation Division, A. M. Dreyer, Chief, Appellate Branch, and Ernest Cook, Sp. Appellate Atty., OPA., all of Washington, D. C., William Weatherall, Reg. Litigation Atty., OPA., and Cecil Poole, Atty., OPA., both of San Francisco, Calif., for appellant.

Sterling Carr, of San Francisco, Calif., and James A. Walker, of Salinas, Calif. (C. E. H. Maloy, of San Francisco, Calif., of counsel), for appellees.

Irving H. Pfaffenberger, Gen. Counsel, and Charles A. Rummel, Asst. Counsel, Calif. Farm Bureau Fed., both of Berkeley, Calif., for Calif. Farm Bureau Fed., amicus curiae.

Before DENMAN, HEALY, and ORR, Circuit Judges.

HEALY, Circuit Judge.

In this suit the Administrator seeks to recover damages for a violation of the Price Control Act. 50 U.S.C.A.Appendix, § 901 et seq. The question for decision is whether the trial court erred in directing a verdict for the defendants.

The Administrator claimed that the latter sold a quantity of beans, comprising 3,099 sacks of 100 pounds each, at a price 10 cents per cwt in excess of the...

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