Legal Opinion

Kessler v. Fleming

Court of Appeals for the Ninth Circuit

Decided August 15, 1947No. 11429PublishedCited by 13 opinions

1Opinion of the Court

HEALY, Circuit Judge.

This is a companion suit to Shyman v. Fleming, 9 Cir., 163 F.2d 461, today decided. In the court below the two actions were consolidated for trial, separate appeals being prosecuted from the judgments entered. In the instant case the Administrator was awarded damages against appellants for overcharges on sales of Tom Burns whisky made to Shyman.

The regulation invoked by the Administrator and found applicable by the trial court is Order No. 3 of Maximum Price Regulation No. 193 (8 F.R. 3681). The total price paid for the whisky by Shyman was $273,112.50, whereas the…

2Cases cited11 opinions

  1. Helvering v. MitchellSupreme Court of the United States · 1938
  2. Bowles v. Farmers Nat. Bank of Lebanon, Ky.Court of Appeals for the Sixth Circuit · 1945
  3. Schreffler v. BowlesCourt of Appeals for the Tenth Circuit · 1946
  4. Culver v. Bell & Loffland, Inc.Court of Appeals for the Ninth Circuit · 1944
  5. Bowles v. WheelerCourt of Appeals for the Ninth Circuit · 1945

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Woods v. RobbCourt of Appeals for the Fifth Circuit · 1948
  2. National Brass Works, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1950
  3. Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
  4. United States v. BizeDistrict Court, D. Nebraska · 1949
  5. Murfkan v. KahnDistrict Court, S.D. Florida · 1951

8 more not listed; retrieve them via the Exa API.

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