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BARRETT LUMBER & SUPPLY CO. v. CLARK

No. 373.

167 F.2d 474 (1948)

BARRETT LUMBER & SUPPLY CO., Inc. et al. v. CLARK.

United States Emergency Court of Appeals.

Decided March 15, 1948.

Attorney(s) appearing for the Case

Edward Garfield, of New York City (Fishbein and Wrubel, of New York City, on the brief), for complainants.

Josephine H. Klein, Sp. Atty., Dept. of Justice, of Washington, D. C. (Tom C. Clark, Atty. Gen., T. Vincent Quinn, Asst. Atty. Gen., and Floyd L. Cook and Charles G. Mulligan, Attys., both of Washington, D. C., on the brief), for respondent.

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

Heard at New York City, December 17, 1947.

McALLISTER, Judge.

Complainants are defendants in actions for treble damages brought against them by the United States under Section 205(e) of the Emergency Price Control Act of 1942, as amended. 50 U.S.C.A.Appendix, § 901 et seq. They filed their complaint in this court after disallowance by the Administrator of their protest against certain lumber regulations.

By their complaint, they challenge Section...

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