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UNITED STATES v. F. S. KELLY FURNITURE CO.

No. 13825.

177 F.2d 439 (1949)

UNITED STATES v. F. S. KELLY FURNITURE CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 15, 1949.

Attorney(s) appearing for the Case

Clifford F. Hansen, Assistant United States Attorney, St. Paul, Minn. (John W. Graff, United States Attorney, St. Paul, Minn., H. G. Morison, Assistant Attorney General; and Alexander M. Campbell, Assistant Attorney General, were with him on the brief), for appellant.

P. A. Burke and Edward L. Boyle, Duluth, Minn. (Fryberger, Fulton & Boyle, Duluth, Minn., were with them on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH, and COLLET, Circuit Judges.

WOODROUGH, Circuit Judge.

On September 26, 1946, the Administrator of the Office of Price Administration filed his complaint against F. S. Kelly Furniture Company of Duluth, Minnesota, a Minnesota corporation engaged in the business of buying and selling furniture, setting forth two causes of action, one for injunction against violation by defendant of the Emergency Price Control Act, 50 U.S. C.A.Appendix, § 901 et seq., and Maximum Price Regulation No. 580,...

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