Woods

On April 18, 1947, Philip B. Fleming, Administrator of the Office of Price Controls, 1 brought an action on behalf of the United States against appellee, Pearl Rose, under § 205(a) and (e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 925(a) and (e), for the violation of rent regulations issued under § 2 of the Act, 50 U.S.C.A.Appendix, § 902.

On April 23, 1947, Administrator Fleming’s functions with respect to rent control were transferred to Frank 'R. Creedon, Housing Expediter, 2 who moved for the substitution of himself as plaintiff in Fleming’s place and stead. That motion was made and denied on September 9, 1947.

Thereupon appellee moved to dismiss the action. Indicating that that motion would be granted, the court, on September 9, 1947, directed appellee’s counsel to prepare a “form of dismissal,” meaning, obviously, a form of judgment dismissing the action.

On December 3, 1947, appellant, Tighe E. Woods, who had succeeded Creedon as Housing Expediter, moved for the substitution of himself as plaintiff in Fleming’s place and stead. That motion was granted on March 17, 1948. Before granting it, however, the court, on February 10, 1947,…