Porter v. Hardin

HOLMES, Circuit Judge.

This action was brought by the Administrator of the Office of Price Administration to recover statutory damages for violations of maximum-price regulations promulgated under the Emergency Price Control Act of 1942, as amended, 58 Stat. 641, 50 U.S.C.A.Appendix, § 925. In the original complaint, the defendant was called *402“H. H. Hardin, doing business as Hardin Lumber Company.”

Moving in abatement to dismiss the complaint, the defendant alleged that Hardin Lupiber Company was not the trade name of an individual, but was the' firm name of a partnership composed of H. H.…