Dunakin v. Southwestern Consumers Co-Op. Ass'n

BICKLEY, Justice.

This is a suit for $50 plus a reasonable attorney’s fee on account of an overcharge for a can of tomato juice, brought under the provisions of Sec. 205(e) of the Emergency Price Control Act of 1942, 50 U.S. C.A.Appendix § 925(e). After trial, -but before judgment, the Administrator of the Office of Price Administration intervened. From a judgment dismissing the complaint, the plaintiff and intervenor appeal.

The portion of Sec. 205(e) of the 1942 Act material to our consideration provides:

“If any person selling a commodity violates a regulation, order, or price schedule…