Clifford G. Martin, Doing Business as Martin Music Company v. United States

This is an appeal from the judgment entered on August 10, 1954, by the District Court for the District of Oregon, awarding to the United States the sum of $12,978.10. The suit was brought by the Government on December 1,1952, for a violation of Ceiling Price Regulation (CPR) 34, issued by the Office of Price Stabilization pursuant to its authority under the Defense Production Act of 1950.

Appellant, Martin Music Company, is and was engaged in the business of supplying music by coin-operated phonographs, commonly referred to as “juke boxes”, in the states of Oregon and California. Under CPR 34, the ceiling price base period was set forth as being the period December 19, 1950, to January 25, 1951. Between these dates the appellant charged five cents (5^) per play to persons to whom he furnished music on his machines. During the period September 1, 1951, to May 5, 1952, appellant charged ten cents (10$i) per play or three for a quarter. The difference between the actual revenues received at the price of 10$i or three for a quarter, and the revenues that would have been received at the old price of 5^ per play, amounted to the sum of twenty-five thousand nine hundred fifty-six and…