Porter

Porter v. Lux

Good Law
157 F.2d 756·1946 U.S. App. LEXIS 2796
United States Court of Appeals for the Ninth CircuitOctober 11, 1946No. 11324California892 words

Opinion

Lead Opinion

Orr, J.

The District Court, in granting an application of the Administrator of the Office of Price Administration, to whom we shall refer as the Administrator, to restrain appellees from violating the Emergency Price Control Act 1 limited the duration *757 of the injunction to June 30, 1946. The Administrator complains that such limitation in time is not warranted under the facts of this case.

In the action for injunction initiated by the Administrator treble damages were asked for an alleged violation of the Price Control Act by appellees, such violations consisting of (1) sales of meat at prices in excess of the maximum prices set by the Administrator for such commodities, and (2) failure to keep records required by the Administrator. Under a stipulation filed by attorneys for the respective parties violations of the Price Control Act were admitted by appellees and a consent to injunctive relief was entered. In granting the injunction the District Court caused to be inserted therein the following provision:

"This judgment and decree shall be effective from the date hereof until the 30th day of June, 1946. This judgment and decree is without prejudice to the right of the plaintiff to…

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