Fleming

Petitioner, Gray, was defendant in an action for treble damages brought by the Administrator of the Office of Price Administration, for sales of shingles at over-ceiling prices. The district court awarded single damages and both Gray and the Administrator appealed. Our decision in this case (No. 11,084, November 16, 1946) affirmed the judgment for the amount of overcharges and remanded the case with instructions to the district court to consider increasing the amount adjudged — this by reason of affirmatively shown willful disregard of the ruling of the Price Administrator and other misconduct.

Thereafter, and within the time allowed for a rehearing in this court, Gray presented a petition to us for leave to file a complaint in the Emergency Court of Appeals to challenge the validity of Maximum Price Regulations No. 164 and No. 165. A hearing was had upon the merits of this petition.

The statute which is controlling is section 204(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A. Appendix, § 924(e). The pertinent part of the section is as follows: “ * * * and within five days after judgment in any civil or criminal proceeding, brought pursuant to section 205…