Fleming v. Knudson & Mercer Lumber Co.

MAJOR, Circuit Judge.

The plaintiff brought this action pursuant •to authority granted by the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix § 901 et seq., seeking an injunction and treble damages. The specific violations alleged were sales of lumber at prices in excess of those provided in Maximum Price Regulation No. 19 (8 F.R. 11846). The Regulation permitted a direct-mill distributor to add under certain circumstances 6% to the mill’s base prices. The Regulation contained a proviso designated as Sec. 5a (c), which reads as follows:

“Exceptions in case of financial control. This…