[Download] "Porter, Price Administrator v. Montgomery." by Circuit Court of Appeals, Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Porter, Price Administrator v. Montgomery.
- Author : Circuit Court of Appeals, Third Circuit
- Release Date : January 11, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
On February 2, 1945, the Administrator filed suit, pursuant to the provisions of the Emergency Price Control Act of 1942 as amended by the Stabilization Extension Act of 1944, 50 U.S.C.A.Appendix, § 901 et seq., against the defendants. He prayed that they be enjoined from continuing certain practices which resulted in higher-than-ceiling prices for lumber sold by them and sought to recover treble the amounts of overcharges on sales. Before answer and on April 28, 1945 the defendant Charles H. Montgomery died. The Administrator asked the court to substitute as parties defendant the administrators of Montgomerys estate, asserting that the right to a money judgment under Section 205(e) of the Act against Montgomery was not extinguished by his death. The Administrator asserts that his suit is a civil action for damages. Montgomerys administrators contend that the action is one for a penalty and that therefore the Act of June 16, 1933, c. 103, 28 U.S.C.A. § 780a, is not available to save the cause of action for the Administrator. The court below took a view unfavorable to the Administrator. See 66 F.Supp. 889. He has appealed.