Shyman

Shyman v. Fleming

Good Law
163 F.2d 461·1947 U.S. App. LEXIS 2274
United States Court of Appeals for the Ninth CircuitAugust 15, 1947No. 11422California1,282 words

Opinion

Lead Opinion

Healy, J.

This is an appeal from a judgment, in a suit by the Administrator, awarding damages for a violation of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 901 et seq., and enjoining future violations. .

Appellant (doing business as Alaska Distributors Co.) was for the period from April to September 1943 a resident of Seattle, where he maintained an office. During this time he purchased locally from K & L Distributors various lots of Tom Burns whisky and sold and delivered the same to purchasers in Alaska. He was licensed to do business in that Territory and maintained agents there to solicit orders and make contracts. Orders and proceeds of sales were forwarded to him in Seattle, and arrangements for shipping, billing, and invoicing were made in Seattle. Appellant sold only at wholesale and only in Alaska. The whisky, while awaiting shipment to the Territory, was upon its arrival from Minneapolis warehoused at Seattle in the original packages under the laws of the state of Washington and the regulations of the Washington State Liquor Control Commission. During the time in question the Second Revised Maximum Export Price Regulation ( 8 F.R. 4132 ), was in…

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