United States v. Scavengers Protective Ass'n

Section 402(e) (v) of the Defense Production Act of ¡1950, 64 Stat. 798 et seq., 50 U.S.C.A.Appendix, § 206-1, et seq., exempts rates charged by Public Utilities from the price control authorized by the Act.

The United States commenced these consolidated actions to enjoin alleged violations by the defendants of price stabilization regulations and to- recover damages for such violations. Defendants moved for summary judgment in their favor on the ground that they are Public Utilities and thus exempt. § 402(e) (v) Defense Production Act of '1950.

*657 I denied the motions for summary judgment upon the ground that it was necessary to resolve factual questions in order to determine the issue of exemption. Rule 56(c) F.R.C.P., 28 U.S.C.A. Thereupon, by stipulation, the causes were set for preliminary trial upon the issue of exemption. The preliminary trial was held, evidence was offered by both sides and the causes were argued and submitted.

The evidence introduced at the trial shows that defendants have been engaged since 1927 in the business of collecting refuse, pursuant to permits issued in 1927 by the Director of Public Health of the City of San Francisco. The collection of…