Porter v. Montaldo's

UNDERWOOD, District Judge.

This .is an action brought by the Administrator of the Office of Price Administration to recover from the defendant damages on account of the sale of merchandise at prices alleged to have been above the •established ceiling prices applicable thereto. Injunctive relief is also sought.

The case is now before the Court for consideration on motion of the defendant. Defendant’s motion consists of four branches. Each of the three branches will be considered in numerical order.

The first branch seeks to strike, the •amended complaint on the ground that it was filed out of…