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BARNES v. BOWLES

No. 11545.

157 F.2d 790 (1946)

BARNES v. BOWLES, Price Administrator.

Circuit Court of Appeals, Fifth Circuit.

October 25, 1946.

Attorney(s) appearing for the Case

Aaron Kravitch and Perry Brannen, both of Savannah, Ga., for appellant.

David London, Director, Litigation Division, O.P.A., and Albert M. Dreyer, Chief, Appellate Branch, O.P.A., both of Washington, D. C., and Edward N. Vaden, Regional Litigation Atty., O.P.A., and James M. Roberts, Atty., O.P.A., both of Atlanta, Ga., for appellee. Contra.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The Administrator sought an injunction against Barnes, and the recovery of overcharges made by him in the sale of coal and a penalty of three times the overcharges for wilful violation of the price schedules, under Section 205(a) and (c) of the Emergency Price Control Act of 1942, 56 Stat. 33, 50 U.S.C.A.Appendix, § 925(a, c). On a trial before the district judge without a jury overcharges of $1,108.75 were found, for which judgment was...

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