Wyman

This is an appeal by several appellants from a judgment of the district court holding them liable for selling planed fir lum-' ber in excess of the maximum prices fixed by Revised Maximum Price Regulation 26 and awarding the amount of the excess over the prices in damages to Porter, Price Administrator. The United States thereafter was substituted as plaintiff and this appeal taken against it.

The appellants' claim that the one year statute of limitation of such suits here bars recovery because the second amended complaint, on which the judgment rests, is the first to base the claim for damages on the violation of RMPR 26 and that it was filed more than a year after the described over-sales. There is no merit in this contention. The first amended complaint, filed within the year, plainly bases its claim for damages on appellants’ violation of RMPR 26.

The controversy here concerns the treatment by the district court of Section 16, Article II, of RMPR 26, providing as follows : “Sec. 16. Prohibited practices, (a) General. Any practice which is a device to get the effect of a higher-than-the-ceiling price without actually raising the dollars- and-cents price is as much a violation…