Gross

Gross v. United States

Good Law
201 F.2d 780·1953 U.S. App. LEXIS 2368
United States Court of Appeals for the Ninth CircuitJanuary 12, 195313193California3,831 words

Opinion

Opinion

Bone, J.

This is an appeal from a judgment directing appellant to make restitution of rental overcharges pursuant to Section 206(b) of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, § 1896(b). The complaint was in one count and prayed for restitution of rental overcharges and injunctive relief pursuant to Section 205(a) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a), and for injunction, restitution, and statutory (treble) damages pursuant to Sections 205 and 206 of the Housing and Rent Act of 1947, as amended, 50 U.S.C.A.Appendix, §§ 1895, 1896.

The complaint alleged that at all times prior to July 1, 1947, appellant’s housing accommodations described in the complaint had been subject to maximum rents authorized under the Price Control Act of 1942, as amended-; that at all times on and after July 1, 1947, the same accommodations had been subject to- maximum rents authorized and in effect pursuant to the said Housing and Rent Act of 1947, as amended, and that at all times mentioned the premises had been within the Los Angeles.defense-rental area.

A schedule attached to the complaint (later amended by stipulation) contained the…

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