Opinion
No. 279.
June 27, 1946.
Appeal from the District Court of the United States for the Southern District of New York.
Action by the Price Administrator, Office of Price Administration, to recover treble damages for violation of Revised Maximum Price Regulation 287, 8 F.R. 9122, governing maximum prices on women's outerwear garments.
Carl Schaeffer, and Nemeroff, Jelline, Danzig Paley, all of New York City, for appellant.
Joseph Forer, George Moncharsh, Deputy Adm'r, for Enforcement, Milton Klein, Director, Litigation Div., David London, Chief Appellate Branch, and Nathan Siegel, Sp. Appellate Atty., Office of Price Administration, all of Washington, D.C., and Kenneth V. Fisher, Regional Litigation Atty., Office of Price Administration, of New York City, for appellee.
Before SWAN, CLARK, and FRANK, Circuit Judges.
The appellant contends that Revised Maximum Price Regulation 287 contains no provision fixing the maximum price of garments which do not have the proper minimum allowable cost. Acceptance of this contention concededly requires us to disagree with Bowles v. Biberman Bros., 3 Cir., 152 F.2d 700. We do not disagree with it. On the authority of that case judgment is affirmed.