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BOWLES v. THOMAS C. FLUKE & CO.

May 14, 1945

BOWLES, Price Administrator, Office of Price Administration,
v.
THOMAS C. FLUKE & CO. et al.



The opinion of the court was delivered by: BARD

This is an action brought by Chester Bowles, Price Administrator, Office of Price Administration, (1) to enjoin violations of Section 4(a) of the Emergency Price Control Act of 1942 as amended, 56 Stat. 23, 765, 57 Stat. 566, 50 U.S.C.A.Appendix § 904(a), and of Philadelphia District Order No. 14 issued under Revised General Order No. 51, 9 F.R. 408, as amended, and of Maximum Price Regulation No. 336, 8 F.R. 2859, as amended, and of Maximum Price Regulation No. 355, 8 F.R. 4423, as amended; and (2) to recover damages therefor under Section 205(e) of the Act, as amended, 50 U.S.C.A.Appendix § 925(e).

 I make the following special findings of fact:

 1. Defendant Thomas C. Fluke and Company, a corporation organized and existing by virtue of the laws of the State of Pennsylvania, owns and operates an independent retail food store at 1732 Chestnut Street, Philadelphia, Pennsylvania.

 2. Defendants William M. Mathewson and William Sidney Mathewson are, respectively, the treasurer and buyer of Thomas C. Fluke and Company. Pursuant to their relation with defendant corporation, the defendants William M. Mathewson and William Sidney Mathewson fix the retail selling price of all commodities sold by defendant Thomas C. Fluke and Company.

 3. On July 31, 1943 defendant corporation was classified as a 'Group 1' store by the Philadelphia District Office of the Office of Price Administration and was notified to display the appropriate ceiling prices and its selling prices as required in the regulations.

 4. Pursuant to the provisions of Section 2(a) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix § 902(a), the Price Administrator issued the following regulations which have been at all times since the dates of issuance, and at all times mentioned herein, in full force and effect: Philadelphia District Order No. 14, effective May 31, 1944 issued under Revised General Order No. 51, 'Authorization to Fix Community Ceiling Prices for Food Items', 9 F.R. 408 as amended; Maximum Price Regulation No. 336, 'Retail Prices for Pork Cuts and Certain Sausage Products,' 8 F.R. 2859 as amended; and Maximum Price Regulation No. 355, 'Retail Prices for Beef, Veal, Lamb and Mutton Cuts and All Variety Meats and Edible By-Products', 8 F.R. 4423 as amended.

 5. On July 12, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. J. Howard Barton. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14under Revised General Order No. 51 and a violation thereof.

 6. On July 22, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to W. Atlee Burpee. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14 under Revised General Order No. 51 and a violation thereof.

 7. On July 27, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. Ralph Butler. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14 under Revised General Order No. 51 and a violation thereof.

 8. On July 14, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. Daniel Carstairs. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14 under Revised General Order No. 51 and a violation thereof.

 9. On July 5, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. Horace Combes. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14 under Revised General Order No. 51 and a violation thereof.

 10. On July 3, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. William S. Crowder. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order No. 14 under Revised General Price Order No. 51 and a violation thereof.

 11. On July 24, 1944 defendant corporation, in the course of its retail business, sold and delivered one pound of butter at fifty-six cents per pound to Mrs. D. T. Easby. This was in excess of the maximum price of fifty-one cents per pound permitted by Philadelphia District Order ...


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