Bowles

Appellant, in April 1944, sued under the provisions of § 205(e) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 925(e), to recover treble damages for alleged overcharges. The court awarded judgment in a small amount, and the Administrator appeals.

Two questions are presented. It is contended that the court fell into error, first, in deducting from the overcharges a credit which had already been allowed in the computations .of the Administrator, and second, in failing to give effect to a regulatory provision which became effective November 9, 1943.

1. The complaint charged, and the court found, that since July 13, 1943, appellee had sold fresh fish and seafood at prices higher than the maximum established by Maximum Price Regulation 418 and its amendments. These overcharges were originally computed from appellee’s records at the sum of $3,150.58. As the result of a recheck the amount of the overcharges claimed was reduced to $2,047.49. By this reduction appellee was given credit for sums paid for boxing, freight, and state privilege tax. 1 The court, however, gave appellee a flat credit of two cents per pound, apparently to cover the same items, so that in part at any…