Leitner

The United States brought this action to enjoin alleged violations of § 206(a) of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, § 1896(a), and to recover, on behalf of all persons entitled, restitution of overcharges collected by the defendants. Defendants appeal from a summary judgment granting the relief prayed. 86 F.Supp. 628 .

From the pleadings and the answer to appellee’s request for admissions and interrogatories, it appears that appellants were at all pertinent times the owners of a certain apartment, which was occupied from March 1942, through July 12, 1947, by one Leres, “a servant, caretaker and manager” of the building in which the apartment is located; that said Leres was given the occupancy as full compensation for his services, without payment of money on either side; and that said apartment was ■subsequently occupied by one of the appellants from about July 13, 1947, until December 26, 1947. It further appears that from January 1, 1948, through April 1, 1949, the apartment was occupied by one Hawkins, at a rental of $65 per month, or $40 per month in excess of the maximum rental prescribed by the Rent Director for this fifteen-month…