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PORTER v. BERMAN

October 4, 1946

PORTER
v.
BERMAN et al. (two cases)



The opinion of the court was delivered by: GOURLEY

These are civil actions brought by the Administrator of the Office of Price Administration against the defendants, George H. Berman and H. C. Berman, trading as Berman's Food Market, 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 defendants, George H. Berman and H. C. Berman, trading as Berman's Food Market, with places of business at 929 Highview Street and 754 Mellon Street, in the City of Pittsburgh, Allegheny County, Pennsylvania, violated the provisions of Maximum Price Regulation No. 394 and Office of Economic Stabilization Regulation No. 1.

 The plaintiff claims, more particularly, that the defendants violated the provisions of said regulations in the following particulars:

 1. Maximum Price Regulation No. 394, more particularly Sections 15 to 24, inclusive, and Office of Economic Stabilization Regulation No. 1, Sections 4002.1 and 4002.4, were violated in that the defendants during the months of February and March, 1945, neglected and refused to comply with said regulations as follows:

 a. By neglecting and failing to show on the retail cuts of meat displayed by them the grades for such meat cuts.

 b. By selling kosher beef, veal, lamb and mutton cuts at prices which are not determined by, and have no relationship to, the grade of the cut being sold and by otherwise evading the maximum price provisions of the aforesaid regulations.

 c. By charging and collecting for kosher beef prices in excess of the maximum prices established and specified therefor by Maximum Price Regulation No. 394.

 In addition thereto, the plaintiff demands judgment in behalf of the United States and against the defendants in each of said actions in the sum of $ 50.

 The only difference in the two actions is that in connection with Civil Action No. 4202, the alleged violations of the Act pertain to the place of business conducted by the defendants at 929 Highview Street, Pittsburgh, Allegheny County, Pennsylvania, during the month of March, 1945, and prior and subsequent thereto, and in connection with Civil Action No. 4124, the alleged violations of the Act pertain to the place of business conducted by the defendants at 754 Mellon Street, Pittsburgh, Allegheny County, Pennsylvania, during the month of February, 1945, and prior and subsequent thereto.

 This matter was presented for hearing before the Court without a jury.

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

 Findings of Fact

 1. The defendants, George H. Berman and H. C. Berman, trading as Berman's Food Market, are and were at the time mentioned in the complaint engaged in the operation of a retail food market, with their places of business situate at 929 Highview Street and ...


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