Gordon

Gordon v. Porter

Good Law
155 F.2d 949·1946 U.S. App. LEXIS 2304
United States Court of Appeals for the Ninth CircuitJune 25, 1946No. 11178California569 words

Opinion

Lead Opinion

Gordon, owning and conducting a retail food store in Los Angeles, California, appeals from a judgment suspending his license and enjoining his sales for a period *950 of two weeks for violation of the provisions of the Administrator’s Price Regulation 422, 8 F. R. 9325, for the licensing of such food stores. The order of suspension was' stayed during the appeal.

The evidence warrants the finding of the district court that Gordon failed to post or mark the sales price on many commodities sold at retail under a license granted him in the manner required of him by the Price Administrator’s Revised General Order 51, Los Angeles Order No. 5. Other violations of the regulations were found, but it is unnecessary to consider them since the Emergency Price Control Act, Section 205(f) (2), 50 U.SJC.A-Appendix, § 925(f) (2), requires that the court “shall” issue the suspending order if the “court finds that such person [here Gordon] has violated any of the provisions of such license, regulation, order, price schedule, or requirement after the receipt of the warning notice” provided in that portion of the Act.

Gordon contends that the condition precedent to such a violation warranting the…

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