Fleming

On February 18, 1944, Chester Bowles, Price Administrator, brought an action against Samuel Sebastiani under § 205 of the Emergency Price Control Act of 1942, *112 50 U.S.C.A.Appendix, § 925. The complaint alleged, in substance and effect, that Sebastiani, a seller of wines made from California grapes, had violated § 4 of the Act, 50 U.S.C.A.Appendix, § 904, by violating a regulation under § 2 of the Act, 50 U.S.C.A.Appendix, § 902, namely, Supplementary Regulation No. 14, prescribing maximum prices for such wines. The complaint prayed for an injunction 1 and for treble damages.

On March 27, 1944, Sebastiani died. On February 1, 1946, Administrator Bowles moved for the substitution of appellees, Sebastianas executors', as defendants in his place and stead. On February 26, 1946, Paul A. Porter succeeded Bowles , as Price Administrator. On April 17, 1946, the District Court entered an order reading as follows ; “The court, being now fully advised in the premises, does hereby order that said motion be, and it hereby is granted in part and denied in part. As to the injunction feature, it is hereby granted, but as to the suit for treble damages, it is hereby denied.” From that order…