Furrow v. Koutsky-Brennan-Vana Co. Koutsky-Brennan-Vana Co. v. Furrow. Day & Frees v. Furrow

These appeals were consolidated for hearing with that in Danebo Lumber Company, Inc. v. Koutsky-Brennan-Vana Company, 9 Cir., 182 F.2d 489 , hereafter called the Danebo case, the opinion in which is this day filed. The opinions in the two cases supplement each other.

Furrow appeals from a series of judgments in favor of appellees, retailers of lumber in the States of Iowa, Nebraska and Colorado, hereafter called the retailers, in a suit begun by the complaint of KoutskyBrennan-Vana Company, a corporation, hereafter called Vana, in which suit there were filed by the other appellees complaints in intervention. Each retailer’s complaint states a cause of action substantially identical in the federal law involved with that in Vana’s complaint in the Danebo case, — • that is, each complaint seeks rescission of a contract made in a felonious blackmarketing conspiracy to defraud the United States and to violate the maximum price regulations of the Emergency Price Control Act and for the restoration of moneys given appellant to persuade him to enter into a conspiracy identical with that in the Danebo appeal.

Frank O. Akin and Richardson Lumber Company, also retailers, appeal from the…