Frank v. Henderson

On Motion to Dismiss.

This cause is before us on respondent’s motion to dismiss the complaint herein, and complainant’s answer thereto. The motion is based upon two grounds: (1) That no protest has been filed with the Price Administrator pursuant to Section 203(a) of the Emergency Price Control Act of 19421 and the Administrator’s procedural regulations with reference thereto; and (2) that the complainant failed to comply with our Rule 11(b), [50 U.S.C.A. Appendix following section 924], and fails to state a claim upon which relief can be granted.

The complainant contends that he has…