ASSMANN v. FLEMING

No. 13441.

159 F.2d 332 (1947)

ASSMANN v. FLEMING, Temporary Controls Adm'r, et al.

Circuit Court of Appeals, Eighth Circuit.

January 29, 1947.


Attorney(s) appearing for the Case

John C. Mullen and Thomas J. Sheehan, Jr., both of Omaha, Neb. (Gerald M. Mullen, of Omaha, Neb., on the brief), for appellant.

Jacob W. Rosenthal, Atty., OPA, (William E. Remy, Deputy Commissioner of Price Administration for Enforcement, David London, Director, Litigation Div., and Albert M. Dreyer, Chief, Appellate Branch, all of Washington, D.C., George E. Leonard, Regional Litigation Atty., of New York City, and Allen Wilson, Sp. Trial Atty., of Omaha, Neb., on the brief), for appellee Temporary Controls Administrator.

Alexander McKie, Jr., and Barton H. Kuhns, of Finlayson, McKie & Kuhns, both of Omaha, Neb., appeared on statement by appellee First Nat. Bank of Omaha.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.


GARDNER, Circuit Judge.

This is an appeal from an order denying appellant's motion to vacate a consent judgment entered against him on December 28, 1945. To avoid confusion, the parties will be referred to as they were designated in the trial court. At all times pertinent to this action, defendant was and still is a retail clothier dealing in the sale of wearing apparel, at Omaha, Nebraska. On December 28, 1945, plaintiff filed a complaint charging defendant with...

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