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ADRIAN v. FLEMING

No. 394.

161 F.2d 186 (1947)

ADRIAN, Inc. v. FLEMING.

United States Emergency Court of Appeals.

Decided May 1, 1947.

Attorney(s) appearing for the Case

Gordon F. Hampton, of Los Angeles, Cal. (Sheppard, Mullin, Richter & Balthis, Arthur H. Deibert and Dempsey, Thayer, Deibert & Kumler, all of Los Angeles, Cal., on the brief), for complainant.

William R. Ming, Jr., Associate Gen. Counsel, of Washington, D. C. (Carl A. Auerbach, Gen. Counsel, and Israel Convisser, both of Washington, D. C., Stanley M. Riesner, of New York City, and Catherine W. Goldman, of Washington, D. C., on the brief), for respondent.

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

Heard at Los Angeles April 7, 1947.

LINDLEY, Judge.

Complainant, a manufacturer of women's apparel, asserts invalidity of Supplementary Order 108, Special Order No. 9 and Revised Special Order No. 9, commonly known as the maximum average price regulations. Despite the present status of price control, in view of the fact that a suit to recover treble damages is pending, this court retains jurisdiction to determine the validity of these orders during the period...

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