McFadden v. Shore

BARD, District Judge.

This is before the court on a motion to dismiss the complaint. Plaintiff instituted an action against defendants. to recover damages under the provisions of Section 205(e) of the Emergency Price Control Act of 1942, 56 Stat. 34, 50 U.S.C.A.Appendix § 925(e), for charging rents in excess of the maximum fixed by Maximum Rent Regulation No. 28, redesignated Rent Regulation for Housing (8 F.R. 7322 § 1388.1181). Motion has been made under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following Section 723c, (1) to dismiss the action against defendant Harry…