Bray

On August 6, 1951, we rendered an opinion on a Previous appeal involving same parties and subject matter in which the facts, the law and the applicable regulations involved are fully discussed and need not be repeated here. Bray v. Peck, 9 Cir., 1951, 190 F.2d 998 . Our consideration of the previous appeal left us with the conclusion that we should remand the cause to the trial court for a determination as to whether the housing accommodation in question was, on June 30, 1947, the critical date, commonly known as a hotel. We directed the attention of the trial court to the fact that although it is not necessary to show that hotel services were supplied, must be shown in order to warrant decontrol that at least the three basic services, namely, maid service, furnishing and laundering of linens, and upkeep of furniture and fixtures, were available or would have been made available on the critical date if the tenant had requested them. Thus the question required to be determined by the trial court on remand was one of fact.

After further hearing, the trial court found that the housing accommodation here involved was commonly known as a hotel before, on and after o une 30, 1947; that…