Porter

The Price Administrator appeals from a judgment dismissing his complaint for an injunction against appellee restraining it from directly or indirectly selling or delivering or offering to sell or deliver, gray iron castings, including Meehanite castings, at prices higher than the maximum prices established therefor by Maximum Price Regulation No. 244, as amended (7 Fed.Reg.7871), and for a judgment seeking- triple damages for alleged sales in excess of that maximum price regulation .and the general maximum price regulation preceding it.

Appellee, between May 11, 1942, and March 11, 1943, sold certain gray iron castings. The question" here is whether appellee in selling them is a person selling a commodity who “violates a regulation, order, or price schedule prescribing a minimum or maximum price or maximum prices.” Under Sec. 925 (e) of the Emergency Price Control Act, 50 U.S.C.A.Apperidix, such a person if not sued or is not suable by the buyer is subject to a suit for damages by the Price Administrator “ * * * for reasonable attorney’s fees and costs as determined by the court, plus whichever of the following sums is the greater: (1) Such amount not more than three times the…