Brooks

This is an appeal from a judgment in a suit brought by the Housing Expediter, enjoining the appellant from demanding and receiving for certain housing accommodations rents in excess of the maximum rents permitted under the Housing and Rent Act of 1947, as amended. 50 U.S.C.A.Appendix, § 1881 et seq. The judgment also ordered a refund of excess rentals found to have been charged certain tenants..

Appellant asserts that the judgment should not have been granted because (1) an action for treble damages brought by one of the tenants against appellant was pending in the California state courts at the time this suit was instituted; (2) the tenants mentioned in- the complaint had left the premises before the action was filed; (3) the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq., and the Housing and Rent Act of 1947, which the overcharges are alleged to have violated, had both expired prior to the suit, and that the court therefore lacked jurisdiction to grant relief either by way of injunction or restitution, (4) that the action was- barred by the one year limitation provision of the Act, and (5) that the complaint failed to state a cause of action because of…