Derber v. Moberly

MELLOTT. Chief Judge.

The issue, raised by a motion to dismiss, is whether this court has jurisdiction of an action instituted by a tenant under Section 205 of the Housing and Rent Act of 19471 to recover treble damages in an amount less than $3000 for alleged overcharges in rent.

The question has not been passed upon by the Supreme Court or the Court of Appeals for this (the Tenth) Circuit. The Court of Appeals for the Third Circuit approved dismissal for want of jurisdiction in Fields v. Washington.2 The Court of Appeals for the Seventh Circuit took a contrary view in Adler v. Northern Hotel…