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UNITED STATES v. HELLER

No. 1-13.

726 F.2d 756 (1983)

UNITED STATES of America, Appellant, v. Glenn Martin HELLER, d/b/a Beacon Hill Gulf, Appellee.

Temporary Emergency Court of Appeals.

Decided December 12, 1983.

Attorney(s) appearing for the Case

Robert N. Werlin, Atty., Dept. of Energy, William F. Weld, U.S. Atty., Boston, Mass. with Kathleen A. Felton, Atty., Dept. of Justice, Washington, D.C., for appellant.

Harvey A. Silverglate, Boston, Mass. with James L. Sultan, Silverglate & Gertner, Boston, Mass., for appellee.

Before GIGNOUX, METZNER and LACEY, Judges.

LACEY, Judge.

Defendant-appellee Glenn Martin Heller stands accused of willfully selling gasoline at prices in excess of those authorized by federal regulations, a criminal offense under Section 5 of the Emergency Petroleum Allocation Act of 1973, as amended (the Act), 15 U.S.C. § 754(a)(3)(B) (1976). To prove Heller's guilt, the government would first have to prove the maximum allowable price, which in Heller's case...

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