UNITED STATES v. EXCEL PACKING CO.

No. 4699.

210 F.2d 596 (1954)

UNITED STATES v. EXCEL PACKING CO., Inc.

United States Court of Appeals, Tenth Circuit.

February 15, 1954.


Attorney(s) appearing for the Case

Joseph Langbart, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., George Templar, U. S. Atty., Arkansas City, Kan., Edward H. Hickey and George Arthur Fruit, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Emmet A. Blaes and J. Francis Hesse, Wichita, Kan. (Jochems, Sargents & Blaes, Wichita, Kan., on the brief), for appellee.

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


HUXMAN, Circuit Judge.

This was an action by the United States against the Excel Packing Company, herein called Excel, under Section 409(c) of the Defense Production Act of 1950, as amended, 50 U.S.C.A.Appendix, § 2109(c), herein referred to as the Act. The Complaint sought treble damages for violations of O. P. S., Price Ceiling Regulation Number 24. It alleged that Excel violated the regulation by selling meat in excess of maximum prices fixed by the regulation...

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