McKittrick

This action was brought by the United States for injunctive relief, restitution, and treble damages pursuant to familiar provisions of the Price Control and Housing and Rent Acts. 50 U.S.C.A.Appendix, §§ 901 et seq., 1881. et seq. The court found that the defendants (appellants here) had knowingly violated, the Acts and pertinent regulations. It directed restitution of rental overcharges accruing between July of 1946 and November of 1949 at the rate of $25 monthly, and awarded treble damages in the total sum of $225 for the three-month period falling within one year of the filing of the complaint. If also enjoined future violations.

1. Appellants complain that the court failed to find as to the equities concerning restitution, more particularly that it placed upon them the burden of showing that restitution should not be made. As evidence of this they cite the court’s conclusion of law number 5, which reads: “Defendants have failed to satisfactorily show why the equitable power of this Court should not be exercised, or to satisfactorily assume the burden of proving that the acceptance of the overcharges within the year immediately preceding the filing of the complaint herein was…