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BOWLES v. HAGEAL

February 8, 1946

BOWLES, Price Administrator,
v.
HAGEAL et al.



The opinion of the court was delivered by: GOURLEY

This is a civil action brought by the Administrator of the Office of Price Administration against the defendants, Neal Hageal and Ann. N. Hageal, under the pursuant to the provisions of Section 205(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, 901 et seq.

It was the contention of the plaintiff that the defendants in violation of Maximum Price Regulation 527 as amended (9 F.R. 4017), which regulation is entitled 'Used Domestic Gas Cooking Ranges,' sold a used Magic Chef table top gas cooking range, 40 inches wide, with four (4) burners, and with an automatic oven heat control, to a person by the name of Joseph Moser, in an 'as-is' condition and without a guaranty.

 The plaintiff claimed that the defendants are liable to the Administrator, on behalf of the United States, for the amount of $ 192.75, the same being three times the amount of said overcharge, pursuant to Section 205(e) of said Act together with the costs of said proceeding.

 This matter was presented for hearing before the Court without a jury, and each of the parties to said proceeding filed a stipulation with the Court in which they waived the filing of suggested findings of fact and conclusions of law.

 The Court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:

 Findings of Fact

 1. The plaintiff is the duly appointed and qualified Administrator of the Office of Price Administration.

 2. This action is before the Court pursuant to the provisions of Section 205(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, 901 et seq., 50 U.S.C.A.Appendix, 901 et seq., and jurisdiction is conferred upon this Court by virtue of Section 205(c).

 3. Maximum Price Regulation 527 as amended (9 F.R. 4017), known as 'Used Domestic Gas Cooking Ranges,' effective April 19, 1944, was in full force and effect at the time of the alleged violation on February 12, 1945.

 4. Maximum Price Regulation 527 established the dollars-and-cents maximum prices for the sale of used domestic gas cooking ranges, accessories and extra equipment, and forbids sales thereof at prices in excess of said regulation.

 5. That the defendants on February 12, 1945, sold and delivered a used Magic Chef table top gas cooking range, 40 inches wide, with four burners, with an automatic oven heat control and automatic oven burner lighter, to Joseph Moser, in an 'as-is' condition and without a guaranty.

 6. That the defendants charged the purchaser, Joseph Moser, the amount of One Hundred Twenty Dollars ($ 120.) for said gas range, and received payment of said sum from said purchaser.

 7. That at the time of the sale of the said Magic Chef gas range, the following extra equipment or accessories were installed or available for use.

 Automatic oven heat control,

 Automatic oven burner lighter,

 Electric Clock,

 Electric light, ...


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