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FLEMING v. GRAY

No. 11084.

159 F.2d 641 (1947)

FLEMING, Adm'r, Office of Temporary Controls, v. GRAY. GRAY v. FLEMING, Adm'r, Office of Temporary Controls.

Circuit Court of Appeals, Ninth Circuit.

February 5, 1947.

Attorney(s) appearing for the Case

David London, Director, Litigation Div., of Washington, D. C., Austin Clapp, Regional Enforcement Executive, William B. Wetherall, Regional Litigation Atty., and Cecil F. Poole, Chief, Briefing & Appellate Unit, all of San Francisco, Cal., OPA, Office of Temporary Controls, for appellant Fleming.

Cosgrove, Terhune & Schlosstein, of Seattle, Wash., for appellant Gray.

Before DENMAN, BONE, and ORR, Circuit Judges.

BONE, Circuit Judge.

Petitioner, Gray, was defendant in an action for treble damages brought by the Administrator of the Office of Price Administration, for sales of shingles at overceiling prices. The district court awarded single damages and both Gray and the Administrator appealed. Our decision in this case (No. 11,084, November 16, 1946) affirmed the judgment for the amount of overcharges and remanded the case with instructions to the district court to consider...

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