Fleming v. Chicago Cartage Co.

SPARKS, Circuit Judge.

The Administrator of the Office of Price Administration appealed from a judgment for defendant, a motor vehicle carrier. The complaint sought treble damages for defendant’s alleged violations of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 901 et seq., and maximum price regulations issued thereunder. It further asked for injunctive relief. In this court the Temporary Controls Administrator was substituted as appellant.

It seems that plaintiff asserts control over defendant’s rates on the theory that they are not subj ect, to regulation by any state or…