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UNITED STATES v. FRANTZ

Nos. 11331, 11341.

220 F.2d 123 (1955)

UNITED STATES of America v. William H. FRANTZ, H. P. Frantz, J. J. McDevitt, Individually and as Co-Partners Doing Business as Frantz Equipment Company, a Co-Partnership, William H. Frantz and J. J. McDevitt, Appellants. UNITED STATES of America v. William H. FRANTZ, H. P. Frantz, J. J. McDevitt, Individually and as Co-Partners Doing Business as Frantz Equipment Company, a Co-Partnership, H. P. Frantz, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 2, 1955.

Writ of Certiorari Denied June 6, 1955.

Attorney(s) appearing for the Case

Harry Norman Ball, Philadelphia, Pa. (Morris L. Weisberg, Philadelphia, Pa., on the brief), for appellants, Wm. H. Frantz and J. J. McDevitt.

George M. Brodhead, Philadelphia, Pa. (Rawle & Henderson, Joseph W. Henderson, Philadelphia, Pa., on the brief), for appellant H. P. Frantz.

Julian R. Wilheim, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., W. Wilson White, U. S. Atty., Francis Ballard, G. Clinton Fogwell, Jr., Asst. U. S. Attys., Philadelphia, Pa., Paul A. Sweeney, Attorneys, Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.

Writ of Certiorari Denied June 6, 1955. See 75 S.Ct. 883.

HASTIE, Circuit Judge.

These are two appeals from summary judgment for the United States in its suit under the Renegotiation Act1 to recover excessive profits found by the Under Secretary of War to have been realized by appellant partnership on certain war contracts.2 Appellants contend that the District Court erred in holding that, except for...

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