Pownall

This is an appeal from a judgment rendered in favor of the United States in an action wherein the United States sought to recover the sum of $113,709.19, claimed to be due and owing by virtue of an order made by the Under-Secretary of War under the authority of the Federal Renegotiation Act determining that appellants' had made excess profits in such amount during the fiscal year ending December 31, 1943.

The United States instituted an action at law to recover from appellants $113,709.-19 allegedly due under an order made by the Under-Secretary of War on December 27, 1944, which order was made under the authority of the Federal Renegotiation Act, as contained in the Revenue Act of 1943, 50 U.S.C.A.Appendix § 1191. The order of the Under-Secretary of War (eventually the order of the War Contracts Price Adjustment Board) determined that appellants had made “excessive profits,” during the fiscal year ending December 31, 1943, in the amount of $628,373.14. The complaint was based upon the last mentioned amount less a tax credit which reduced the sum claimed to be due to the amount for which the judgment was rendered.

Appellants’ answer raised, among others, the question of the…