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BROWN v. LEE

No. 263 Civ. S.D.

51 F.Supp. 85 (1943)

BROWN, Administrator, etc., v. LEE et al.

District Court, S. D. California, S.D.

August 12, 1943.

Attorney(s) appearing for the Case

Saul N. Rittenberg, Chief of Briefing, Office of Price Administration, of Los Angeles, Cal., and B. Kenneth Goodman, Chief Enforcement Atty., San Diego Office of Office of Price Administration, of San Diego, Cal., for plaintiff.

Luce, Forward, Lee & Kunzell (by Albert J. Lee), of San Diego, Cal., for defendants.

C. M. Walter, of Oakland, Cal., Scott & Eberhard (by Ray C. Eberhard), and Thomas F. McCue, all of Los Angeles, Cal., amici curiae.

Before STEPHENS, Circuit Judge, and McCORMICK and HOLLZER, District Judges.

HOLLZER, District Judge.

This matter arises upon a motion to dismiss that portion of defendants' pleadings entitled Special Defense and Cross-Complaint for Affirmative Relief and the amendments thereto.

The grounds of said motion are that the court lacks jurisdiction of the subject matter because by virtue of the provisions of Section 204(d) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix § 924(d), this court is without jurisdiction or...

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