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BOWLES v. WEITZ

March 6, 1946

BOWLES, Adm'r, Office of Price Administration,
v.
WEITZ



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 defendant, David Weitz, under and pursuant to the provisions of Sections 2, 4, 205(a) and (c) of the Emergency Price Control Act of 1942, as amended 50 U.S.C.A.Appendix §§ 902, 904, 925(a, c).

It is the contention of the plaintiff that the defendant violated Maximum Price Regulation No. 394; Office of Economic Stabilization Regulation No. 1, Sections 4002.1 and 4002.4; Revised Ration Order No. 16, Section 6.9, and General Maximum Price Regulation, Section 1499.13, in that the defendant sold certain kosher veal and lamb in excess of the maximum retail prices, and failed and neglected to display the grade, the point value, and the current maximum price list for meat commodities.

 It is the specific contention of the plaintiff that the defendant on September 13, 1945, sold kosher lamb shoulder chops in excess of the retail ceiling price, and on October 24, 1945, sold boneless shoulder steak, grade AA, in excess of the retail ceiling price.

 The plaintiff claims that the defendant is liable to the Administrator, on behalf of the United States, for the amount of $ 50, and, in addition thereto, the plaintiff prays that a preliminary and final injunction directed to the defendant, his agents, employees, servants, attorneys and all persons in active concert or participation with them or any of them, jointly or severally, enjoining and restraining them from:

 1. Selling, offering to sell, delivering or offering to deliver any kosher beef, veal, lamb or mutton cut at retail unless and until the grade, and point value for each such cut is displayed thereon in a manner visible to the purchaser thereof.

 2. Selling, offering to sell or delivering any meat product, covered by GMPR, and made a cost-of-living commodity, thereby, unless and until defendant posts in a conspicuous place in his establishment the current Office of Price Administration Ceiling Price List for meats and all other cost-of-living commodities sold by him.

 3. Selling, offering to sell, delivering or offering to deliver, at retail any kosher beef, veal, lamb or mutton cut at a price higher than the maximum price permitted by MPR 394.

 4. Offering, soliciting, attempting or agreeing to do any of the foregoing.

 This matter was presented for hearing before the Court without a jury, and each of the parties to said proceeding has filed Suggested Findings of Fact and Conclusions of Law.

 The Court, after hearing and consideration of the Suggested Findings of Fact and Conclusions of Law together with the arguments presented by counsel for the party litigants, makes the following Findings of Fact and Conclusions of Law:

 Findings of Fact

 1. The defendant, David Weitz, for a period of twenty years has owned and operated a kosher retail meat business, and on September 13, 1945, and on October 24, 1945, and prior thereto, operated said business at 104 Logan Street, in the City of Pittsburgh, and within the jurisdiction of this court.

 2. The defendant is now personally operating said business at 1201 Fifth Avenue, within the jurisdiction of this court.

 3. The defendant is cognizant of the existence of Maximum Price Regulation No. 394, issued by the Office of Price Administration, and is familiar and was familiar on September 13, 1945, October 24, 1945, and prior thereto, with the provisions and requirements of said Regulation.

 4. Maximum Price Regulation No. 394, issued by the Office of Price Administration, establishes the legal maximum prices which may be lawfully charged by a seller at retail of kosher beef, veal, lamb and mutton cuts; and said Regulation established the legal maximum prices for the kosher meat cuts sold by the defendant on September 13, 1945, and October 24, 1945.

 5. On September 13, 1945, the defendant, personally, sold to Fannie R. Weiss, then an investigator for the Office of Price Administration, four kosher lamb shoulder chops, weighing 1 lb. 8 oz. at the time final delivery of said commodity was made to said purchaser, for which he charged and received from her the price of 90 cents.

 6. The legal maximum price established by Maximum Price Regulation No. 394 on September 13, 1945, for 1 lb. 8 oz. of kosher lamb chips of the grade and type which were sold to Investigator Weiss, on that date was 72 cents.

 7. On October 24, 1945, a duly authorized clerk, employee, servant and agent of the defendant's business and on his behalf and in the presence of the defendant sold to Jeannette Reiter an investigator for the Office of Price Administration, kosher shoulder steak, weighing 1 lb. 4 oz. at the time delivery of said commodity was made to said purchaser, for which he charged and received from her the price of 95 cents.

 8. The legal maximum price established by Maximum Price Regulation No. 394, on October 24, 1945, for 1 lb. 4 oz. of the grade and type which were sold to Investigator Reiter, on that date, was 75 cents, the defendant ...


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