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FLEMING v. GOODWIN

No. 13511.

165 F.2d 334 (1948)

FLEMING, Temporary Controls Administrator, v. GOODWIN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 17, 1948.

Attorney(s) appearing for the Case

Harry F. Murphy, Asst. U. S. Atty., of Kansas City, Mo. (Sam M. Wear, U. S. Atty., of Kansas City, Mo., on the brief), for appellant.

Philip J. Close, of Kansas City, Mo. (Phineas Rosenberg, of Kansas City, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

This case presents two questions for review:

1. Is the pendency of an action for an injunction brought under § 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a), a bar to the bringing of an action for damages under § 205(e) of the Act, 50 U.S.C.A. Appendix, § 925(e), the parties and subject matter being the same in both actions...

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