United States v. Cowen's Estate

McCarthy, District Judge.

The plaintiff, as Housing Expediter, brings this action for a mandatory order for restitution under Section 205(a) of the Emergency Price Control Act of 1942, as amended,-50 U.S.C.A. Appendix § 925(a) and under Section 206(b) of the Housing and Rent Act of 1947, as amended, 50 U.S. C.A. Appendix, § 1896(b). No injunction is asked for, nor is any restraining order prayed for. The defendant' seasonably claimed a jury trial and plaintiff now moves to strike that claim.

Defendant’s position, ably argued by the Executor, pro se, is that, lacking a prayer for injunctive…