United States v. Dix Box Co. And Benjamin Dix, Doing Business as Dix Box Co., United States of America v. Helen Carvajal

This is an appeal from a judgment of the District Court for the Southern District of California, Central Division, in favor of appellees in an action for damages instituted by the United States against each of the defendant-appellees here involved for violation of Ceiling Price Regulation 142 during the period May 5, 1952, and January 31, 1953. Ceiling Price Regulation 142 was issued under the authority of the Defense Production Act of 1950, as amended, 50 U.S.C.A.Appendix, § 2061 et seq.

Each of the appellees here involved was engaged during the period in question in purchasing, reconditioning, and then selling used agricultural containers in the Southern California area. Pursuant to authority vested in the President of the United States by the Defense Production Act of 1950, and by him delegated to the Director of Price Stabilization, ceiling prices for the appellees’ sales of used agricultural containers were originally fixed at the highest prices obtainable by them between December 20, 1950, and January 19, 1951, as provided by the General Ceiling Price Regulation.

The business of the appellees was subject to seasonal variation, and this base period fell within a slack…