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BOWLES v. SHELLHORN

Civil Action No. 577.

61 F.Supp. 465 (1945)

BOWLES, Adm'r, Office of Price Administration, v. SHELLHORN et al.

District Court, D. Delaware.

August 10, 1945.

Attorney(s) appearing for the Case

Robert C. Barab, Enforcement Atty., of Wilmington, Del., for Office of Price Administration.

Morris Cohen, of Wilmington, Del., for defendants.

LEAHY, District Judge.

Plaintiff's motion for summary judgment is denied. If a court has discretion regarding the issuance of an injunction under the mandatory language of the Emergency Price Control Act, Hecht Co. v. Bowles, 321 U.S. 321, 64 S.Ct. 587, 88 L.Ed. 754, a fortiori it has discretion regarding the issuance of an injunction under the Second War Powers Act. There are weighty reasons why the injunction should not issue. The...

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