Jung

Appellants (Jim Jung and Marty Sherman) and Marvin Berry were at all pertinent times partners doing business as Victory Produce Company in Los Angeles, California. Appellee (Chester Bowles, Administrator of the Office of Price Administration) brought an action against appellants and Berry for $29,323.50. Appellants were served with process. Berry was not. Appellants answered, 1 jury trial was waived, trial was had by the court without a jury, findings of fact and conclusions of law were stated, and judgment was entered against appellants for $5,977.18. From that judgment this appeal is prosecuted.

The action was brought under § 205(e) of the Emergency Price Control Act of 1942, 56 Stat. 34 , 2 and was based on alleged violations of Maximum Price Regulation No. 271, F.R. 9179, hereafter called the regulation. The regulation applied to “country shippers” and “intermediate sellers” of certain perishable food commodities, including white potatoes. Section 1351.1003 of the regulation defined the term “intermediate seller” and prescribed maximum prices at which such sellers might sell and deliver the commodities mentioned.

The complaint alleged: “At all times mentioned herein…