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CREEDON v. BANKER

No. 12140.

171 F.2d 904 (1948)

CREEDON, Housing Expediter, v. BANKER et ux.

United States Court of Appeals Fifth Circuit.

As Amended January 18, 1949.

Attorney(s) appearing for the Case

Hugo V. Prucha, Chief, Litigation Unit, OHE, Nathan Siegel, Sp. Appellate Atty., OHE, and Cecil H. Lichliter, Atty., OHE, all of Washington, D. C., and J. Edwin Fleming, Litigation Atty., OHE, and H. C. Happ., Regional Rent Atty., OHE, both of Dallas, Tex., for appellant.

W. Wroe Owens, of Austin, Tex., for appellee.

Before HOLMES, WALLER, and LEE, Circuit Judges.

WALLER, Circuit Judge.

This was a suit for injunction and restitution under Sec. 205(a) and, in the alternative, for triple damages to the Government under Sec. 205(e) of the Emergency Price Control Act of 1942, as amended, § 925(a) and (e) of Title 50 U.S.C.A.Appendix, in which the tenant was not before the Court either as a defendant or as a witness and wherein the defendant filed a counterclaim against the tenant. The Court directed a verdict for the Expediter...

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