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VANLANDINGHAM v. CLARK

No. 354.

163 F.2d 896 (1947)

VANLANDINGHAM v. CLARK, Director, Division of Liquidation, Department of Commerce.

United States Emergency Court of Appeals.

Decided October 27, 1947.

Attorney(s) appearing for the Case

Joseph J. Strasburger, of Chicago, Ill. (Alan J. Altheimer and Mayer, Altheimer & Kabaker, all of Chicago, Ill., on the brief), for complainant.

Josephine H. Klein, Atty., Dept. of Justice, of Washington D. C. (Tom C. Clark, Atty. Gen., and Floyd L. Cook, Charles G. Mulligan, and Henry H. Schneider, Attys., Department of Justice, all of Washington, D. C., on the brief), for respondent.

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

Heard at Chicago, Ill., September 6, 1947.

McALLISTER, Judge.

Complainant is a wholesale dealer in lumber, located in Chicago, Illinois. In the past, his customary practice has been to purchase lumber directly from the mills and to assemble and transport it in amounts required by retailers. Prior to Government price control, complainant received a discount from the mills averaging 8% of the sale price of the lumber to him.

Maximum prices were established...

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