SAFEWAY STORES v. DI SALLE

No. 583.

198 F.2d 269 (1952)

SAFEWAY STORES, Inc. v. DI SALLE

United States Emergency Court of Appeals.

Decided January 18, 1952.


Attorney(s) appearing for the Case

Elisha Hanson, Washington, D. C., with whom Arthur B. Hanson, Joseph C. Wells, Garland Clarke and Calvin H. Cobb, Jr., Washington, D. C., were on the brief, for complainant.

Edward H. Hickey, Chief, General Litigation Section, Department of Justice, Washington, D. C., with whom Holmes Baldridge, Asst. Atty. Gen., and George Arthur Fruit, Atty., Department of Justice, and Harold Leventhal, Chief Counsel, and James A. Durham, and James D. Lynch, Attorneys, Office of Price Stabilization, Washington, D. C., were on the brief, for respondent.

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


Heard at Washington December 15, 1951.

MARIS, Chief Judge.

This complaint which was filed under Sec. 408(a) of the Defense Production Act of 19501 asked this court to make a specific amendment of the General Ceiling Price Regulation2 which would preserve to retailers their customary margins over cost. The complainant also asked for general relief and under this prayer it now asks that the regulation...

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