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B. SIMON HARDWARE CO. v. NELSON

No. 20660.

52 F.Supp. 474 (1943)

B. SIMON HARDWARE CO. et al. v. NELSON, Chairman, WPB, et al.

District Court of the United States for the District of Columbia.

On Rehearing November 2, 1943.

Attorney(s) appearing for the Case

Joseph Wahrhaftig, of San Francisco, Cal., Robert E. Sher, Wm. J. Dempsey, and Wm. C. Koplovitz, all of Washington, D. C., for plaintiffs.

John Lord O'Brian, Gen. Counsel, WPB, and Loring M. Staples, Head Atty., Legal Division, WPB, both of Washington, D. C., Tom C. Clark, Asst. Atty. Gen., Dept. of Justice, and Walker Smith and Pierce W. Bradley, Sp. Assts. to Atty. Gen., Dept. of Justice, for defendants.

BAILEY, Justice.

I am satisfied that the "Suspension Order" of the defendants was not an allotment but a penalty imposed upon the plaintiffs for a violation of the regulations issued by the War Production Board. There is no authority in the statutes for the imposition of a penalty for a violation of these regulations by the War Production Board. The penalty sought to be imposed is one for the benefit of the public, not...

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