Bowles

Appellee is engaged in the business of selling, at wholesale, groceries, candy and tobacco. During a period commencing in January, 1944, representatives of the Office of Price Administration examined his records pertaining to dealings in groceries affected by Maximum Price Regulation 421. 1 Subsequently a suit for injunction and treble damages for violation of the price and record-keeping requirements of the regulation mentioned was begun. While this suit was pending the Administrator asked permission to examine appellee’s records pertaining to his sales of candy and tobacco during March, 1942, and between November 1, 1943, and August 22, 1944. The purpose of the inspection was to determine whether the General Maximum Price Regulation had been complied with.

Upon refusal of the request the Administrator issued a formal inspection requirement directing appellee to permit the inspection and copying of specified records. Again meeting with a refusal, the Administrator applied to the court for an order enforcing compliance. 3 The application was supported by a showing of probable cause. At the conclusion of a hearing on affidavits the court postponed ruling on the application until…