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BOWLES v. SAGO

April 4, 1946

BOWLES, Adm'r, OPA,
v.
SAGO 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, Edward Sago and Julia Sago, under and pursuant to the provisions of section 20t(a) 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 violated section 4(a) of the Emergency Price Control Act of 1942, as amended by the Stabilization Extension Act of 1944, 50 U.S.C.A.Appendix, § 901 et seq., in that the defendants charged rents in excess of the Maximum Rent Regulation (8 Fed.Reg. 14663) as provided for housing accommodations in the Pittsburgh Defense-Rental Area.

 It is further contended by the plaintiff that the defendants are the owners of housing accommodations situate at 316 32nd Street, McKeesport, Penn., which comprise two rental units known as the right side and left side.

 In connection with the right side of said dwelling unit, the legal maximum rent on March 1, 1942, was $ 20 per month, and the defendants demanded and received $ 33 per month rent for said housing accommodation from October 5, 1944, to and including July 6, 1945, or monthly overcharges were made in the amount of $ 13 for a period of ten months, or a total overcharge of $ 130.

 In connection with the left side of said dwelling unit, the legal maximum rent on March 1, 1942, was $ 20 per month, and the defendants demanded and received $ 33 per month rent for said housing accommodation from October 6, 1944, to and including June 6, 1945, or monthly overcharges were made in the amount of $ 13 for a period of nine months, or a total overcharge of $ 117.

 The plaintiff claims that the defendants are liable to the Administrator, on behalf of the United States, for the amount of $ 741, 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.

 The plaintiff also demands injunctive relief against the defendants, their agents, servants, employees, attorneys, and all persons acting directly or indirectly in their behalf, and which violation of the regulations pertaining to Rent Regulation for Housing would be restrained.

 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, 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(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.C.Appendix, § 901 et seq., and jurisdiction is conferred upon this Court by virtue of section 205(c).

 4. That the legal maximum rent for the housing accommodation owned by the defendants, situate at 316 32nd Street, McKeesport, Penn., known as the right side of said dwelling unit, was $ 20 per month, and that the charge made by the defendants for the rental of said premises was $ 13 per month in excess of the legal maximum rent, and ...


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