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BOWLES v. RUPPEL

No. 9141.

157 F.2d 944 (1946)

BOWLES, Price Administrator, v. RUPPEL.

Circuit Court of Appeals, Third Circuit.

Decided November 18, 1946.

Attorney(s) appearing for the Case

Jacob W. Rosenthal, of Washington, D. C. (George Moncharsh, Deputy Administrator for Enforcement, David London, Director, Litigation Division, Albert M. Dreyer, Chief, Appellate Branch, all of O. P. A., all of Washington, D. C., John P. LeFevre, Dist. Enforcement Atty., O.P.A., of Dover, Del., and Howard L. Fussell, Enforcement Atty., O.P.A., of Wilmington, Del., on the brief), for appellant.

James M. Tunnell, Jr., of Georgetown, Del., for appellee.

Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action brought by the plaintiff as Administrator, Office of Price Administration, to recover statutory damages for alleged excess rent received by the defendant in violation of Emergency Price Control Act of 1942, as amended.1 At the close of the whole case the court granted the defendant's motion to dismiss. While several questions were involved in the proceeding in the District Court the only one argued...

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