Fleming

The Inca Metals Company manufactured cast aluminum griddles. Appellee, a former employee of Inca, claimed to have purchased from Inca its business of manufacturing and selling such griddles, together with the machinery and equipment for manufacturing them, this purchase taking place in December of 1944. He thereupon filed in the Office of Price Administration at Portland, Oregon a notice of this> purchase together with a schedule of his prices for these cast griddles, and entered upon this business venture under the name and style of Aluminum Fabricators.

Since appellee had not been selling such griddles in the base period in 1942, he came either within Maximum Price Regulation 188, § 1499.158 ( 10 F.R. 8699 ) or within § 1499.5 ( 7 F.R. 3153 ). The first regulation (§ 1499.158) required him as a seller to make an application to the Office of Price Administration, which would then fix, by a specific order, a dollars and cents ceiling price for his commodity. The second (§ 1499.5) applied to transferees of a business (a status claimed by appellee) and provided that the ceiling prices of the transferee should be the same as those of his transferor. Claiming to be a transferee…