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CHAMBLESS v. WOODS

No. 12941.

182 F.2d 342 (1950)

CHAMBLESS v. WOODS, Housing Expediter.

United States Court of Appeals Fifth Circuit.

May 17, 1950.

Attorney(s) appearing for the Case

Edward C. Fritz, Dallas, Texas, for appellant.

Francis X. Riley, Sp. Litigation Atty., Benjamin I. Shulman, Sp. Litigation Atty., Ed Dupree, Gen. Counsel, Huge V. Prucha, Asst. Gen. Counsel, Office of Housing Expediter, Washington, D. C., for appellee.

Before HOLMES, WALLER and BORAH, Circuit Judges.

WALLER, Circuit Judge.

The local rent attorney was allowed, over the objection of counsel for the defendant, to give oral testimony as to what was the maximum allowable rental on the housing accommodations involved in this case.

We think that the objection was well taken and should have been sustained. The record, which was available to the Government and which apparently was in custody of the witness, was the best evidence. See Woods v. Swank, 5 Cir.,

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