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W. T. GRANT CO. v. FLEMING

No. 369.

159 F.2d 720 (1947)

W. T. GRANT CO. v. FLEMING, Temporary Controls Adm'r.

United States Emergency Court of Appeals.

Decided February 11, 1947.

Attorney(s) appearing for the Case

Charles W. Rivoire, of New York City (Eugene M. Foley, of New York City, on the brief), for complainant.

Josephine H. Klein, of Washington, D. C., (Richard H. Field, Gen. Counsel, Carl A. Auerbach, Associate Gen. Counsel, and William R. Ming, Jr., Chief, Court Review Price Branch, all of Washington, D. C., and Murray Steyer and Rosanna A. Blake, Attys., both of Brooklyn, N. Y., all of the Office of Price Administration on the brief), for respondent.

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

Heard at New York City, November 1, 1946.

McALLISTER, Judge.

Complainant, W. T. Grant Company, is engaged in the business of operating low priced retail department stores, and, in its store in Denver, Colorado, involved in this proceeding, it operates a restaurant.

During April 1943, complainant offered for sale, and sold, certain seafood meals, which consisted of six fried oysters of a grade known in the trade as "small select". For such a meal, it...

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