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FLEMING v. ASHBAUGH

No. 11423.

158 F.2d 826 (1947)

FLEMING, Temporary Controls Administrator, v. ASHBAUGH.

Circuit Court of Appeals, Ninth Circuit.

January 13, 1947.

Attorney(s) appearing for the Case

George Moncharsh, Deputy Administrator for Enforcement, David London, Director, Litigation Div., Albert M. Dreyer, Chief Appellate Branch, Harold Craske, Sp. Appellate Atty., OPA., all of Washington, D. C., William B. Wetherall, Reg. Lit. Atty. OPA., of San Francisco, Cal., for appellant.

Hibbard & Kleindienst, of Los Angeles, Cal., for appellee.

Before DENMAN, HEALY, and BONE, Circuit Judges.

DENMAN, Circuit Judge.

This is an appeal from a judgment holding appellant's predecessor Price Administrator Porter not entitled to recover damages in a suit under Section 205(e) of the Emergency Price Control Act of 1942, as amended by the Stabilization Extension Act of 1944, Public Law 388, 78th Congress, 50 U.S.C.A.Appendix, § 925(e), hereinafter called the Act, and dismissing the complaint.

The complaint below alleged that Maximum Price Regulation...

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