Brown v. Willingham

Decision Date01 September 1943
Docket NumberCivil Action No. 238.
PartiesBROWN, Adm'r, Office of Price Administration, v. WILLINGHAM et al.
CourtU.S. District Court — Middle District of Georgia

Prentiss M. Brown, Adm'r, Office of Price Administration, for intervenor.

Ralph R. Quillian, Chief Atty., OPA, of Atlanta, Ga., Perry Brannen, Chief Atty., OPA, of Savannah, Ga., and H. C. Eberhardt, Enforcement Atty., OPA, of Valdosta, Ga., and Chas. J. Bloch (of Hall & Bloch), of Macon, Ga., for defendants Willingham and Hicks.

DEAVER, District Judge.

This case having been heard on defendants' motion to dismiss the action, after argument of counsel thereon, it is ordered that said motion to dismiss be sustained on the ground that the rent provisions of the Emergency Price Control Act of 1942, 50 U.S.C.A. Appendix § 901 et seq., and the regulations promulgated pursuant thereto, are unconstitutional and invalid, for the reasons stated in the opinion of this court in the case of Payne v. Griffin, D.C.M.D. Ga. 51 F.Supp. 588, a copy of which is filed as the opinion in this case and made a part of the record in this case.

The action is hereby dismissed.

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2 cases
  • Bowles v. Willingham 8212 10, 1944
    • United States
    • U.S. Supreme Court
    • March 27, 1944
    ...appellee Hicks, Bibb County sheriff, from executing or attempting to execute any orders in the state proceedings. The District Court, 51 F.Supp. 597, in reliance on its earlier ruling in Payne v. Griffin, 51 F.Supp. 588, dismissed the Administrator's suit on bill and answer, holding that th......
  • Ritchie v. Johnson
    • United States
    • Kansas Supreme Court
    • January 22, 1944
    ... ... real estate by himself and his tenants for more than twenty ... years; that defendant Prentiss Brown is the administrator ... appointed under the above act with his place of business and ... post-office address in Washington, D. C., and that ... F.Supp. 635, with Payne v. Griffin, D.C., 51 F.Supp ... 588 (now pending in the Court of Appeals), and Brown v ... Willingham, D.C., 51 F.Supp. 597 (now pending in the ... Supreme Court with Bowles substituted as plaintiff [See 64 ... S.Ct. 641]). But with that conflict I ... ...

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