United States v. James W. McAlister, Inc.

Upon plaintiff’s verified bill of complaint, filed pursuant to section 3(e), title 1, of the National Industrial Recovery Act (15 USCA § 703(c), a temporary restraining order and order to show cause why a temporary injunction should not issue was made by this court, restraining defendants from violating the provisions of subsections (3) and (4) of Division A, and Division B, article IV, of the Code of Fair Competition for the Motor Vehicle Retailing Trade. The application for a temporary injunction came on for hearing upon the return day of the order to show cause, defendants moving to dismiss the bill and to vacate the temporary restraining order. The ease was submitted upon plaintiff’s bill, defendants’ answer, oral evidence, and affidavits presented by respective parties. The National Industrial Recovery Act and the Code of Fair Competition will hereinafter be referred to as the “NRA” and the *530 “code,” respectively. James W. McAlister, Inc., is a corporation organized and existing under the laws of the state of California, and James ~W. McAlister, individual, is president and general manager of the corporation.

Defendants are engaged in the business of retailing new and…