Fleming

This appeal is from a judgment dismissing an action against appellees, Dorothy Hanscom and R. C. Hanscom, under § 205 (e) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 925(e). The action was brought by Chester Bowles, Price Administrator. While it was pending in the court below, Paul A. Porter succeeded Bowles as Price Administrator and was substituted as plaintiff in his place and stead. The appeal was taken by Administrator Porter. Thereafter Philip B. Fleming, Temporary Controls Administrator, was substituted as appellant in Administrator Porter’s place and stead. The facts are as follows:

Appellees were, at all pertinent times, retailers of women’s and girls’ outerwear garments in Seattle, Washington. They commenced doing business in December, 1943. They thereupon became, and were until September 18, 1944, subject to MPR 330. 1 Pursuant thereto, they adopted as theirs the pricing chart and ceiling prices of their nearest competitor, Best’s, Incorporated.

On September 13, 1944, Administrator Bowles issued RMPR 330, 2 effective September 18, 1944. Copies of two letters dated September 14, 1944, and October 7, 1944, were received by appellees from the…