University of Southern California v. Cost of Living Council

MEMORANDUM OF DECISION

The University of Southern California (USC), the plaintiff in this action, seeks, among other things, a summary judgment declaring that its prices for tickets to its 1971 football games were not in violation of the Phase I “price freeze” that was promulgated by Executive Order No. 11615, signed by the President on August 15, 1971 ( 36 Fed. Reg. 15727 ). The defendants, through the United States Attorney and representatives of the Department of Justice, agree with the plaintiff as to the facts and, therefore, that this is a proper case for summary judgment; but they contend that such facts constitute violation of the subject Executive Order.

For reasons hereinafter set forth, the declaratory relief sought by the plaintiff will be granted.

Executive Order No. 11615 decreed, in effect, that-for a period of 90 days following the date of the Order (August 15, 1971), prices were to be stabilized “ . . .at levels not greater than the highest of those pertaining to a substantial volume of actual transactions by each individual, business, firm, or other entity of any kind during the 30-day period ending August 14, 1971, for like or similar commodities or services.…