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BOWLES v. SEMINOLE ROCK & SAND CO.

Civil Action No. 896.

59 F.Supp. 751 (1944)

BOWLES, Adm'r of Office of Price Administration, v. SEMINOLE ROCK & SAND CO.

District Court, S. D. Florida.

April 7, 1944.

Attorney(s) appearing for the Case

John D. Mosby, Chief of Litigation Unit, Office of Price Administration, of Atlanta, Ga., Frank Thompson, Dist. Enforcement Atty., Office of Price Administration, of Jacksonville, Fla., C. H. Lichliter, Enforcement Atty., Office of Price Administration, of Tampa, Fla., and P. N. Hiatt, Enforcement Atty., Office of Price Administration, of Miami, Fla., for plaintiff.

Loftin, Anderson, Scott, McCarthy & Preston, of Miami, Fla., for defendant.

AKERMAN, District Judge.

Findings of Fact.

From a preponderance of the evidence adduced by the respective parties in this cause, the Court finds as facts the following:

1. In March 1942 the defendant company was engaged, among other things, in filling orders of Seaboard Air Line Railway for ballast under a contract previously entered into which provided for a price of 60 ¢ a ton.

2. During the month of March 1942 the defendant shipped...

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