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ROOKS v. WOODS

No. 13350.

189 F.2d 961 (1951)

ROOKS v. WOODS, Housing Expediter.

United States Court of Appeals, Fifth Circuit.

June 18, 1951.

Attorney(s) appearing for the Case

Joe Creel, Miami, Fla., for appellant.

Cecil H. Lichliter, Litigation Atty., Benjamin Freidson, Spl. Litigation Atty., Ed Dupree, Gen. Counsel, Leon J. Libeu, Asst. Gen. Counsel, and Francis X. Riley, Litigation Atty., OHE, all of Washington, D. C., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

Brought as Feinberg's case1 was, under Sec. 205(e) of the Emergency Price Control Act of 1942, as amended,2 the suit was for restitution of rent overcharges on apartments in Miami, Florida, and for treble damages.

The defense raised, by motion to dismiss for failure to negative it, and affirmatively in their answer, was that under the provisions of Sec. 1.(b) (6)

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