COLLINS v. FLEMING

Nos. 352, 353, No. 357.

159 F.2d 431 (1947)

COLLINS et al. v. FLEMING, Temporary Controls Administrator. HIRSCH v. SAME. MORRISON et al. v. SAME.

United States Emergency Court of Appeals.

Decided January 2, 1947.

Petition for Rehearing Filed January 16, 1947.

Rehearing Denied January 30, 1947.

Writ of Certiorari Denied April 7, 1947.


Attorney(s) appearing for the Case

Mac Asbill, of Washington, D. C. (John K. Skaggs, Jr., and Allen P. Dodd, Sr., both of Louisville, Ky., on the brief), for complainants Collins et al.

Frederic P. Lee, of Washington, D. C., (J. Verser Conner, of Louisville, Ky., on the brief), for complainant Hirsch.

Mac Asbill, of Washington, D. C. (Irvin Marcus, of Louisville, Ky., on the brief), for complainants Morrison et al.

Carl A. Auerbach, Associate Gen. Counsel, Office of Price Administration, of Washington, D. C. (Richard H. Field, Gen. Counsel, William R. Ming, Jr., Chief, Court Review Price Branch, and James A. Durham and Irving J. Helman, Attys., all of Office of Price Administration, all of Washington, D. C., on the brief), for respondent in all three cases.

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


Heard at Washington October 31, 1946.

Writ of Certiorari Denied April 7, 1947. See 67 S.Ct. 1094.

MARIS, Chief Judge.

The complainants in these three cases, Nos. 352, 353 and 357, which have been consolidated for hearing, seek a declaratory judgment that Order No. 45 issued by the Price Administrator on June 13, 1945 under Section 1499.3(c) of the General Maximum Price Regulation as amended1 was invalid. The facts out of...

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