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SMALL v. SCHULTZ

Nos. 9679, 9689.

173 F.2d 940 (1949)

SMALL v. SCHULTZ (two cases).

United States Court of Appeals Seventh Circuit.

March 21, 1949.

Attorney(s) appearing for the Case

Maximilian J. St. George and Paul Broccolo, both of Chicago, Ill., for Schultz.

Bernard B. Wolfe and Lipman, Lochtan & Wolfe, all of Chicago, Ill., for Small.

Before MAJOR, Chief Judge, KERNER, Circuit Judge, and LINDLEY, District Judge.

MAJOR, Chief Judge.

This is an action by plaintiff, a tenant, against defendant, a landlord, for the recovery of damages pursuant to Section 205 of the Housing and Rent Act of 1947, effective June 30, 1947, Title 50 U.S.C.A.Appendix, § 1895, and Regulation Section 8 (a and b), promulgated thereunder by the Housing Expediter.

The complaint consists of two counts. The first count alleges that the rent demanded and received exceeded the maximum legal rent...

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