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PORTER v. DENHOLM PACKING CO.

April 17, 1946

PORTER
v.
DENHOLM PACKING CO.



The opinion of the court was delivered by: GIBSON

And now, to wit, this 17th day of April, 1946, the court being in receipt of the attached stipulation by and between counsel for plaintiff and counsel for defendant makes the following Findings of Fact, Conclusions of Law and Order:

Findings of Fact

 1. The defendant, Denholm Packing Company, a corporation, is and was at the time mentioned in the complaint engaged in the business of operating a wholesale establishment at 6670 Transit Way, Pittsburgh, Pennsylvania, and in conducting said business buys, slaughters and sells cattle.

 2. The defendant is cognizant of the existence of Maximum Price Regulation No. 574 issued by th office of Price Administration.

 3. Maximum Price Regulation No. 574 issued by the Office of Price Administration provides that the defendant may not pay for live cattle bought or received during an accounting period an amount in excess of the amount fixed by said regulation during such accounting period.

 4. Maximum Price Regulation No. 574 issued by the Office of Price Administration provides that the defendant may not pay for cattle slaughtered by an operator during each accounting period an amount in excess of the amount fixed by said regulation during such accounting period.

 5. The defendant, Denholm Packing Company, a corporation, during the accounting period from December 3, 1945 to December 29, 1945, purchased, slaughtered and sold 256 head of cattle. The cost of the cattle slaughtered was $36,573.50 and the maximum permissible payment as computed under Maximum Price Regulation No. 574 was $35,774.81.

 6. The defendant, during the accounting period from December 31, 1945 to January 26, 1946, purchased, slaughtered and sold 329 head of cattle. The cost of the cattle slaughtered was $49,616.91 and the maximum permissible payment as computed under Maximum Price Regulation No. 574 was $47,891.58.

 7. The defendant, during the accounting period from January 28, 1946 to March 3, 1946, purchased, slaughtered and sold 524 head of cattle. The cost of the cattle slaughtered was $82,926.06 and the maximum permissible payment as computed under Maximum Price Regulation No. 574 was $81,411.40.

 8. The defendant did not pay over the over-riding ceiling at any time.

 Conclusions of Law

 1. The Court has jurisdiction over the proceedings pursuant to Section 205 (a) of the Emergency Price Control Act of 1942, as amended, ...


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