Bowles

Plaintiff seeks treble damages for alleged violations of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix § 901 et seq.

Defendant made motions to (1) dismiss plaintiff’s complaint upon the ground that it failed to state a claim upon which the relief therein sought could be granted; (2) for a more definite statement of the alleged violations by defendant of the maximum prices established by the regulations referred to in said complaint, and (3) for a bill of particulars covering the alleged violations by defendant of the maximum prices established by the regulations referred to in said complaint, the dates on which the persons to whom said defendant is alleged to have sold canned tomato paste in excess of said maximum prices, the amount by which the prices at which canned tomato paste is alleged to have been sold exceeded said maximum prices, and the manner by which three times the amount of such excess over maximum prices as alleged in said complaint to equal $199,985.-22 is computed.

Similar specifications for a bill of particulars were made with reference to canned pear-shaped tomatoes and the sum of $10,251.84 mentioned in count II of the complaint;…