Rooks v. Woods, Housing Expediter

HUTCHESON, Chief Judge.

Brought as Feinberg’s case 1 was, under Sec. 205(e) of the Emergency Price Control Act of 1942, as amended, 2 the suit was for restitution of rent overcharges on apartments in Miami, Florida, and for treble damages.

The defense raised, by motion to dismiss for failure to negative it, and affirmatively in their answer, was that under the provisions of Sec. l.(b) (6) 3 of the governing rent regulation, the apartments were exempted from rent control.

The motion to dismiss was denied, and the cause was fully tried on the tendered issue, whether the apartments were, within the…