Farris

This cause having come before the court for hearing on defendants’ motions, filed December 1, 1955, for (1) judgment on the pleadings, Fed.R.Civ.Proc. Rule 12(e), 28 U.S.C.A., or (2), in the alternative, for summary judgment of dismissal, id., Rule 56(b); and the motions having been argued and submitted for decision; and it appearing to the court:

(a) that plaintiffs are veterans and commenced this action on June 8, 1954, invoking the jurisdiction of this court under 38 U.S.C.A. § 694c-1 to recover “three times the amount of * * * excess consideration” alleged to have been charged them for their homes over and above “the reasonable value of such property as determined by proper appraisal”, 65 Stat. 320 , September 13, 1951;

(b) that it is conceded all sales were made, and all claimed overcharges alleged in plaintiffs’ complaint and relied upon by plaintiffs as the basis of this action were included in promissory notes executed by plaintiffs, prior to June 1, 1951, and so prior to enactment of 38 U.S.C.A. § 694c-l;

(c) that assuming, without deciding, 38 U.S.C.A. § 694c-1 is a remedial and not a penal statute, cf. Rex Trailer Co. v. United States, 1956, 350 U.S. 148 , 76 S.Ct.…