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FLEMING v. MUNSINGWEAR

No. 13391.

162 F.2d 125 (1947)

FLEMING, Administrator, Office of Temporary Controls, v. MUNSINGWEAR, Inc.

Circuit Court of Appeals, Eighth Circuit.

June 19, 1947.

Attorney(s) appearing for the Case

Samuel Rosenwein, of Washington, D. C. (George Moncharsh, David London, Albert M. Dreyer, and George E. Leonard, all of Washington, D. C., on the brief), for appellant.

John M. Palmer, of Minneapolis, Minn. (F. H. Stinchfield and Stinchfield, Mackall, Crouse & Moore, all of Minneapolis, Minn., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by appellant's predecessor seeking injunctional relief under Section 205(a) of the Emergency Price Control Act, as amended, 50 U.S.C. A.Appendix, § 925(a), and for statutory damages under Section 205(e) of the same Act. The complaint alleged two distinct causes of action, one for the recovery of damages and the other for a permanent injunction. The cause of action seeking injunctional relief alone was tried resulting...

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