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FLEMING v. KNUDSON & MERCER LUMBER CO.

No. 9140.

159 F.2d 212 (1947)

FLEMING, Temporary Controls Adm'r, v. KNUDSON & MERCER LUMBER CO.

Circuit Court of Appeals, Seventh Circuit.

January 29, 1947.

Attorney(s) appearing for the Case

W. L. McKay, Otto W. Berg, and Brewer & Farrell, all of Chicago, Ill., for appellant.

David London and Albert M. Dreyer, both of Washington, D. C., and George Leonard, Jacob Cohen, and Isadore L. Kovitz (O.P.A.), all of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

MAJOR, Circuit Judge.

The plaintiff brought this action pursuant to authority granted by the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix § 901 et seq., seeking an injunction and treble damages. The specific violations alleged were sales of lumber at prices in excess of those provided in Maximum Price Regulation No. 19 (8 F.R. 11846). The Regulation permitted a directmill distributor to add under certain circumstances 6% to the mill's base prices...

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