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UNITED STATES v. YAFFE

No. 4776.

215 F.2d 564 (1954)

UNITED STATES of America, Appellant, v. Joseph A. YAFFE, doing business as Yaffe Iron & Metal Company, Appellee.

United States Court of Appeals Tenth Circuit.

August 27, 1954.

Attorney(s) appearing for the Case

Frank D. McSherry, U. S. Atty., Muskogee, Okl. (Harry G. Fender, Asst. U. S. Atty., Muskogee, Okl., was with him on the brief), for appellant.

Cleon A. Summers, Muskogee, Okl., and Sam Goodkin, Fort Smith, Ark. (Douglas Garrett and Claude Garrett, Muskogee, Okl., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

The United States instituted this action against Joseph A. Yaffe, an individual engaged at Muskogee, Oklahoma, in the business of buying and selling various types of junk, including scrap battery lead plates. The action was brought under the Defense Production Act of 1950, as amended, 64 Stat. 798, 65 Stat. 131, 50 U.S.C.A.Appendix, § 2101 et seq., to recover damages for past sales of scrap battery lead plates to Eagle-Picher Company of...

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