Fleming v. Goodwin

SANBORN, Circuit Judge.

This case presents two questions for review:

1. Is the pendency of an action for an injunction brought under § 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a), a bar to the bringing of an action for damages under § 205(e) of the Act, 50 U.S.C.A. Appendix, § 925(e), the parties and subject matter being the same in' both actions?

2. Does an action brought under § 205(e) of the Act abate and cease to be maintainable upon the resignation of the individual who, as Price Administrator, brought the action, unless his successor in…