Davis

The Housing Expediter, in December 1948, brought suit against appellee alleging violations of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, §§ 901-946, and the Housing and Rent Act of 1947, 50 U.S.C.A.Appendix, §§ 1881-1902. The complaint, in two counts, set out elaborately detailed schedules of rental charges in excess of the prescribed maximum occurring during the period September 2, 1943, to September 15, 1948, indicating total overcharges under the two Acts of about $2,200. The pleading asked that appellee be ordered to make restitution to tenants of the excess amounts, and injunctive relief was prayed as against the continuance of the asserted violations of the 1947 Act. Appellee by answer filed in January of 1949 admitted her exaction of rentals in the amounts shown in the schedules but claimed that the Expediter lacked capacity to sue for restitution, and alleged that the suit, except as to injunctive relief, was barred in part by the one year limitation relating to the recovery of damages.

In October 1949 the Expediter served on appellee a request for admissions or denials pursuant to Rule 36 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The…