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FLEMING v. MYERS

No. 11405.

159 F.2d 210 (1947)

FLEMING v. MYERS.

Circuit Court of Appeals, Ninth Circuit.

February 4, 1947.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm. of Enforcement, David London, Director, Litigation Division, Albert M. Dreyer, Chief, Appellate Branch, Nathan Siegel, Sp. Appellate Attorney, and Abraham H. Maller. Special Appellate Attorney, OPA, Office of Temporary Controls, all of Washington, D. C., William B. Wetherall, Regional Litigation Attorney, OPA, Office of Temporary Controls, of San Francisco, Cal., for appellant.

Knapp, Boyle, Bilby & Thompson, B. G. Thompson and Arthur Henderson, all of Tucson, Ariz., for appellee.

Before GARRECHT, DENMAN, and ORR, Circuit Judges.

ORR, Circuit Judge.

Appellant, the Administrator, in a complaint for treble damages, charged appellee, a wholesaler of malt beverages, with violations of Maximum Price Regulation No. 2591 by reason of sales, during the period December 1, 1943 to August 26, 1944, at prices in excess of those permitted by said Regulation.

The parties, by a "Stipulation for Judgment", submitted the case to the trial court without further evidence...

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