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FLEMING v. FRY

No. 11270.

160 F.2d 742 (1947)

FLEMING v. FRY et al.

Circuit Court of Appeals, Ninth Circuit.

March 19, 1947.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Adm. for Enforcement, Milton Klein, Director, Litigation Division, Samuel Mermin, Chief, Sp. Lit. Branch, and Albert J. Rosenthal, Atty., OPA., all of Washington, D. C., William B. Wetherall, Regional Lit. Atty., OPA., of San Francisco, Cal., David O. Brown, Dist. Enf. Atty., OPA., of Phœnix, Ariz., for appellant.

Norman S. Herring, of Douglas, Ariz., for appellees.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

Chester Bowles, Price Administrator, brought an action against appellees, Raymond Fry, Marie E. Fry, Oliver Fry and Minnie Fry. The action was commenced by filing a complaint on February 28, 1945. An amended complaint was filed on June 2, 1945. The amended complaint was in 47 counts. Appellees moved to dismiss counts 1-43. As to count 1, no ruling appears to have been made on the motion. As to counts 2, 42 and 43, the motion was denied. As...

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