Fleming

Chester Bowles, Price Administrator, brought an action against appellees, Raymond Fry, Marie E. Fry, Oliver Fry and Minnie Fry. The action was commenced by filing a complaint on February 28, 1945. An amended complaint was filed on June 2, 1945. The amended complaint was in 47 counts. Appellees moved to dismiss counts 1-43. As to count 1, no ruling appears to have been made on the motion. As to counts 2, 42 and 43, the motion was denied. As to counts 3-41, the motion was granted, and a judgment was entered dismissing said counts. From that judgment Administrator Bowles took this appeal.

The claims stated in counts 3-41 arose out of transactions which were separate and distinct from the transactions out of which the claims stated in the other counts arose. Hence the judgment dismissing counts 3-41 was a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225 (a), and was appealable.

As to counts 3-41, the grounds of appellees’ motion were that none of said counts was “based on a right of action given by the laws of Congress of the United States nor by the regulations of the Office of Price Administration,” and that the District Court had “no…