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McCOY v. FLEMING

No. 11738.

160 F.2d 4 (1947)

McCOY v. FLEMING.

Circuit Court of Appeals, Fifth Circuit.

February 26, 1947.

Attorney(s) appearing for the Case

W. J. Holt, of Dallas, Tex., for appellant.

David London, Dr., Lit., O.P.A., Albert M. Dreyer, Chief, Appellate Branch, O. P.A., and Karl E. Lachmann, Special Appellate Attorney, O.P.A., all of Washington, D. C., and Leonard M. Cox, Regional Litigation Attorney, O.P.A., of Dallas, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was for $2175.33 treble damages for violation of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq., and for an injunction against continued violation.

The claim in general was that plaintiff had demanded and received for apartments owned by him in Dallas, Texas, sums in excess of maximum rents fixed and established by the regulations. In detail it was that he had charged a higher rent than that...

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