The opinion of the court was delivered by: KALODNER
This is an action for an injunction brought by the United States of America to restrain violations of the Act of Congress of June 28, 1940, 54 Stat. 676, entitled "An Act to Expedite National Defense, and for Other Purposes," as amended by the Act of Congress of May 31, 1941, 55 Stat. 236, herein referred to as the "National Defense Act," and as amended by the Act of Congress of March 27, 1942, 56 Stat. 176, 50 U.S.C.A.Appendix § 631 et seq., entitled "An Act to Further Expedite the Prosecution of the War," herein referred to as the "Second War Powers Act, 1942," and of regulations and orders issued thereunder as hereinafter more fully set forth.
The jurisdiction of this Court is based upon Section 24(1) of the Judicial Code, Section 41(1), 28 U.S.C.A. and the Second War Powers Act, 1942, mentioned above.
The defendant, General Cigar Company, Inc., is a corporation organized and existing by virtue of the laws of the State of New York, with its principal place of business at 119 West 40th Street, New York. The defendant is engaged in business in the Commonwealth of Pennsylvania, with its principal office at 33 Race Street, Lancaster, Pennsylvania, where it maintains an office for the purpose of purchasing tobacco for its manufacturing needs.
The sole question for determination is whether certain agreements entered into by the defendant, General Cigar Company, Inc., acting through the defendant, George Carmin, with tobacco growers in Lancaster County, Pennsylvania, to pack and otherwise process tobacco of the 1944 crop, are in violation of War Food Order No. 4-6, as amended, prohibiting the purchasing, contracting to purchase or accepting an option to purchase cigar filler type 41.
The parties have stipulated that this action may be submitted for final decree upon the pleadings and exhibits, following a hearing held this day, January 15, 1945.
1. The War Food Administration of the United States on June 13, 1944, issued War Food Order No. 4-6 effective June 14, 1944, and on December 9, 1944, made certain amendments to the said order effective December 10, 1944.
2. War Food Order No. 4-6, as amended, prohibits the purchasing, contracting to purchase or accepting an option to purchase cigar filler type 41 during its effective term.
3. General Cigar Company is a manufacturer of cigars and in such manufacture uses type 41 tobacco.
4. George Carmin was and is in charge of the Leaf Tobacco Department of the General Cigar Company in Lancaster County, Pennsylvania.
5. War Food Order No. 4-6 was on or about January 4, 1945, and is presently in full force and effect.
6. On or about January 4, 1945, the defendant, General Cigar Company, acting through the defendant, George Carmin, began to enter into agreements with tobacco growers in Lancaster County, Pennsylvania, substantially ...