The opinion of the court was delivered by: GIBSON
The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:
1. Upon hearing before John O'Rourke, Hearing Commissioner, on April 9, 1945, pursuant to which a suspension order was filed against the plaintiff, substantial evidence was introduced which tended to prove that plaintiff, its agents, servants and employees, received the transfer of, and possessed and used counterfeit A-11 gasoline ration coupons, in violation of the provisions of Section 1394.8178(c) of Ration Order 5-C, and Section 2.5 of General Ration Order No. 8.
2. Upon appeal from hearing before John O'Rourke, Hearing Commissioner, to Charles L. Ferguson, Hearing Administrator, on July 18, 1945, substantial testimony to the same effect was introduced, upon which a suspension of thirty days was ordered.
3. The plaintiff, on February 25, 1945, admitted to one Morgan, O.P.A. investigator, that two sheets, one of which contained fifty stamps, all of them counterfeit, were his own 'bingo sheets' turned over by him to his supplier for gasoline. Said fifty counterfeit stamps purported to have been delivered to plaintiff by a number of persons to whom he had sold gasoline.
4. Said counterfeit stamps had not been removed from ration books or folders, as required by O.P.A. Regulation, by purchasers of gasoline from plaintiff.
1. The order of John O'Rourke, Hearing Commissioner, suspending the operations of plaintiff, was not arbitrary or capricious.
2. The order of Charles L. Ferguson, Hearing Administrator, was not arbitrary or capricious.
3. Judgment should be entered against plaintiff and his bill of complaint dismissed.
That the mistaken impression that loose stamps could be submitted when the purchaser was applying for a new ration book had some foundation is beyond question, but that fact does not excuse plaintiff in the instant case. It is too great a strain upon credulity to believe that fifty coupons, purporting to have been received from a number of different purchasers at about the same time and ...