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BRYNE v. UNITED STATES

No. 4872.

218 F.2d 327 (1955)

George M. BRYNE, d/b/a General Contractors, Defendant, Appellant, v. UNITED STATES of America, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

January 12, 1955.

Attorney(s) appearing for the Case

Robert Haydock, Jr., Washington, D. C., with whom Neil Leonard and Sumner H. Babcock, Boston, Mass., were on the brief, for appellant.

David E. Place, Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., Boston, Mass., and Oscar S. Burrows, Asst. U. S. Atty., Roxbury, Mass., were on the brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

On September 26, 1952, while the Defense Production Act of 1950, 50 U.S. C.A.Appendix, § 2061 et seq., was still in effect, the United States filed its complaint in the district court under § 409 (c) of the Act, as amended, 64 Stat. 811, 65 Stat. 136, seeking to recover treble damages for overcharges alleged to have been made by defendant in sales of sulphur at a price in excess of that established by the General Ceiling Price Regulation...

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