Bowles v. Cudahy Packing Co., Civil Actions No. 3060

• Decision Date: 27 January 1945
• Docket Number: 3061.,Civil Actions No. 3060
• Citation: 58 F. Supp. 748
• Parties: BOWLES, Adm'r, Office of Price Administration, v. CUDAHY PACKING CO. (two cases).
• Court: U.S. District Court — Western District of Pennsylvania

58 F. Supp. 748

BOWLES, Adm'r, Office of Price Administration, v. CUDAHY PACKING CO. (two cases).

Civil Actions Nos. 3060, 3061.

District Court, W. D. Pennsylvania.

January 27, 1945.

Jno. A. Metz, Jr., Dist. Enf. Atty., and Samuel E. Chertoff, both of Pittsburgh, Pa., for plaintiff.

Tracy W. Buckingham, of Chicago, Ill., and John C. Bane, Jr., and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., for defendants.

SCHOONMAKER, District Judge.

These two cases were tried together by agreement of counsel.

The defendant, in No. 3060 Civil Action, is a Maine corporation licensed to do business in Pennsylvania. The defendant, in No. 3061 Civil Action, is a Pennsylvania corporation.

In both actions the defendant is charged with failing and refusing to comply with the Emergency Price Control Act of 1942, Pub. Law 421, 77th Cong., 2nd Sess., 56 Stat. 23 as amended, 50 U.S.C.A.Appendix, § 901 et seq.; and Maximum Price Regulation No. 289, Dairy Products, issued December 24, 1942. This Regulation provides (Section 1351.1503):

"Prohibition against dealing in listed dairy products above maximum prices. (a) On and after December 30, 1942, or the effective date of any amendment fixing maximum prices for additional listed dairy products or affecting the maximum price of any listed dairy product, regardless of any contract, agreement or other obligation, no person shall sell or deliver a listed dairy product, and no person, in the course of trade or business, shall buy or receive a listed dairy product at a price higher than the maximum price permitted by this Maximum Price Regulation No. 289, and no person shall agree, offer, solicit or attempt to do any of the foregoing."

And Section 1351.1506 thereof provided:

"Evasion. The price limitations set forth in this regulation shall not be evaded, whether by direct or indirect methods, in connection with an offer, solicitation, agreement, sale, delivery, purchase or receipt of, or relating to any of the listed dairy products, alone or in conjunction with any other commodity or by way of any commission, service, transportation or other charge or discount, premium or other privilege, or by tying-agreement or other trade understanding, or otherwise."

The plaintiff in each case is seeking an injunction under Section 205(a) of the Emergency Price Control Act of 1942, 56 Stat. 23, 50 U.S.C.A.Appendix, § 925(a), which provides:

"* * * Whenever in the judgment of the Administrator any person has engaged or is about to engage in any acts or practices which constitute or...