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KESSLER v. FLEMING

No. 11429.

163 F.2d 464 (1947)

KESSLER et al. v. FLEMING, Temporary Controls Administrator.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 25, 1947.

Attorney(s) appearing for the Case

Emory & Howe, of Seattle, Wash. (De Wolfe Emory, of Seattle, Wash., of counsel) for appellant.

William E. Remy, David London, Albert M. Dreyer, and Nathan Siegel, all of Washington, D. C., William B. Wetherall, of San Francisco, Calif., and J. Charles Dennis, U. S. Atty., of Seattle, Wash., for appellee.

Before MATHEWS, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

This is a companion suit to Shyman v. Fleming, 9 Cir., 163 F.2d 461, today decided. In the court below the two actions were consolidated for trial, separate appeals being prosecuted from the judgments entered. In the instant case the Administrator was awarded damages against appellants for overcharges on sales of Tom Burns whisky made to Shyman.

The regulation invoked by the Administrator and found applicable...

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