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FLEMING v. SIMMS

No. 11944.

164 F.2d 153 (1947)

FLEMING v. SIMMS et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 31, 1947.

Attorney(s) appearing for the Case

Arnold Teks, of Athens, Ga., Edward N. Vaden, and Taylor N. House, both of Atlanta, Ga., Nathan Siegel, David London and Albert M. Dreyer, all of Washington, D. C., for appellant.

T. B. Ellis, Jr., of Fort Pierce, Fla., and A. N. Spence, of Miami, Fla., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

This is an appeal by the Housing Expediter from a judgment denying an injunction in an action to restrain the defendants from evicting a tenant in violation of federal rent regulations for housing, as amended (10 F.R. 3436, 13528).

The facts are these: Before this action was filed, Mrs. Susie Reinberg lived on premises in the Miami defense-rental area. Her occupancy originated in a month-to-month letting from a life tenant. Upon the...

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