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EDISON BROS. STORES, INC. v. CLARK

No. 429.

164 F.2d 886 (1948)

EDISON BROS. STORES, Inc. v. CLARK.

United States Emergency Court of Appeals.

Decided January 2, 1948.

Attorney(s) appearing for the Case

Edward F. Seligman of New York City (Benjamin Seligman and Seligman & Seligman, all of New York City, on the brief), for complainant.

Bernard A. Goodkind, Atty., Liquidation Division, Dept. of Commerce, of New York City (Tom C. Clark, Atty. Gen., and T. Vincent Quinn, Asst. Atty. Gen., Floyd L. Cook and Charles G. Mulligan, Attys., and Harry H. Schneider, Sp. Atty. Dept. of Justice, all of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

Heard at New York, December 17, 1947.

MARIS, Chief Judge.

The complainant owns and operates a chain of retail shoe stores in which women's hosiery is sold. It seeks in this action a declaratory judgment that Maximum Price Regulation No. 602,1 which establishes maximum prices for women's nylon hosiery, is invalid in so far as it fixes such prices for sales by chain stores.

In G. R. Kinney Company v. Porter, 1946,

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