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FLEMING v. PANTZER LUMBER CO.

No. 9124.

162 F.2d 276 (1947)

FLEMING, Temporary Controls Administrator, v. PANTZER LUMBER CO.

Circuit Court of Appeals, Seventh Circuit.

June 13, 1947.

Attorney(s) appearing for the Case

William Rabinovitz, of Sheboygan, Wis., and Ralph Drought, of Milwaukee, Wis., for appellant.

David London, Director, Albert M. Dreyer, and Abraham H. Maller, Sp. Attys., all of Washington, D. C., Isadore L. Kovitz and Jacob Cohen, both of Chicago, Ill., and William E. Remy, Deputy Commissioner for Enforcement, of Washington, D. C., for appellee.

Before EVANS, MAJOR, and MINTON, Circuit Judges.

EVANS, Circuit Judge.

This is an O.P.A. over-the-ceiling price case, wherein defendant attacks a judgment entered against it, on the ground that the waste wood which it was able to sell because of unusual wartime conditions, was not "lumber" under Maximum Price Regulations 290 and 215. Defendant denies violation of either Regulation. The trial court concluded the waste wood which defendant sold was lumber subject to Maximum Price Regulations. It entered a judgment...

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