Whitehead v. Henry

I concur in the judgment only because of the cases of Mitcham v. Patterson, and Ivy v. Ferguson, supra. If I were deciding the principle involved for *497the first time, I would hold contra to the above cases and in favor of a cause of action for treble damages for failure to refund an overcharge even though such overcharge became one by virtue of a retroactive rental order. I believe the reasoning followed in the cases of U. S. v. E. F. Metzner Co., 96 F. Supp. 792, and U. S. A. v. James Natale, civil action no. 2985 (rendered January 2, 1951, in the U. S. District Court, District of…