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BOWLES v. ORCURTO

September 29, 1944

BOWLES, Adm'r, Office of Price Administration,
v.
ORCURTO et al.



The opinion of the court was delivered by: KALODNER

This is an action for an injunction brought by the Administrator of the Office of Price Administration pursuant to Section 205(a) of the Emergency Price Control Act of 1942, 56 Stat. 23, as amended, 50 U.S.C.A.Appendix § 901 et seq. The plaintiff seeks to enjoin acts and practices alleged to constitute a violation of Section 4(a) of that Act in that defendants have violated Sections 1499.11 and 1499.12 of General Maximum Price Regulation effective May 11, 1942, 7 F.R. 3153, 1 OPA Service 11:77.

The sole question for determination is whether defendants on or before July 1, 1942, and thereafter, and at the time of this action, did prepare and keep records in accordance with the requirements of the above Sections of the Regulation.

 The case was tried before the Court without a jury, on the pleadings and additional testimony. Accordingly, I make the following:

 Findings of Fact

 1. Plaintiff is the Administrator of the Office of Price Administration.

 2. Defendants are partners, trading as Silk Fabrics Company, engaged in the business of weaving various cloths for the accounts of others upon a commission basis, and maintain a place of business for that purpose at Washington and New Streets, Allentown, Pennsylvania. Such business is referred to in the textile industry as "commission weaving."

 4. Section 1499.11 of the said Regulation required that persons engaged in the business of commission weaving prepare, on or before July 1, 1942, on the basis of all available information and records, a statement showing the highest prices which he charged for such services as he supplied during March 1942, his offering prices for the supply of such services during the said month, together with an appropriate description or identification of each such service, and all his customary allowances, discounts and other price differentials.

 5. Section 1499.12 of the said Regulation provides that every person selling services for which maximum prices are established thereby shall keep records showing, as precisely as possible, the basis upon which he determined maximum prices for those services supplied by him after May 11, 1942, the effective date of the said Regulation.

 6. Defendants have prepared, kept and maintained since July 1, 1942, a statement showing, as to each of their customers, each sale, the style number of the fabric, the yardage produced, the unit price per yard, and the total price; and a book referred to as a "construction book," showing the construction of each style.

 7. Defendants have kept their customary records showing the basis upon which they determined maximum prices for their services.

 Discussion

 The narrow question raised by the plaintiff in this case is whether the base period statements and current pricing records kept and maintained by defendants since July 1, 1942, are inadequate under Section 1499.11 of the General Maximum Price Regulation, in that the services sold or offered for sale, as recorded in the statement, are not fully described. Each service sold or offered for sale was designated therein only by a number. Each lot number, however, was described in detail in a "construction book" maintained by defendants. Plaintiff urges that the information contained in the "construction book" ...


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