United States v. Excel Packing Co., Inc

HUXMAN, Circuit Judge.

This was an action by the United States against the Excel Packing Company, herein called Excel, under Section 409(c) of the Defense Production Act of 1950, as amended, 50 U.S.C.A.Appendix, § 2109 (c), herein referred to as the Act. The Complaint sought treble damages for violations of O. P. S., Price Ceiling Regulation Number 24. It alleged that Excel violated the regulation by selling meat in excess of maximum prices fixed by the regulation. The trial court sustained a motion to dismiss the complaint on the ground that it failed to state a cause of action on which…