Porter v. American Tobacco Co.

BRIGHT, District Judge.

Plaintiff moves for partial summary judgment against defendant for $347,607.38, alleged to be the excess over ceiling prices received by defendant on the sale of cigarettes, and to amend his complaint so as to state that amount in the 7th paragraph and treble that amount in the 8th paragraph.

*107Defendant likewise moves for summary judgment dismissing the complaint, and to strike out paragraphs 6 to 23, inclusive, of the affidavit of Mortimer B. Wolf submitted in support of plaintiffs motion.

The action is brought to recover treble damages for sales and deliveries between…