Opinion
No. 11576.
October 31, 1947.
Appeal from the District Court of the United States for the Territory of Hawaii; J. Frank McLaughlin, Judge.
Action by Paul A. Porter, Price Administrator, Office of Price Administration, against Dan Hirahara and another to recover treble damages for violation of maximum price regulations on lumber. From an order denying a motion to substitute Philip B. Fleming, Temporary Controls Administrator, for the plaintiff, and dismissing the action, 69 F. Supp. 441, the plaintiff appealed, and a motion was made for substitution of the United States as the party plaintiff.
Order of dismissal reversed and case remanded.
Ray J. O'Brien, U.S. Atty., and Maurice Sapienza, Asst. U.S. Atty., both of Honolulu, T.H., and Reynold Colvin, Asst. U.S. Atty., of San Francisco, Cal., for appellant.
Clarence Y. Shimamura, of Honolulu, T.H., for appellee Hirahara.
Hyman M. Greenstein, of Honolulu, T.H., for appellee Golding.
Before DENMAN, BONE, and ORR, Circuit Judges.
This case is before us on appeal from an order dismissing an action brought under § 205(e) of the Emergency Price Control Act, as amended, 50 U.S.C.A.Appendix, § 925(e), to recover treble damages for violation of maximum price regulations on lumber.
The situation in this case is identical with that in Porter v. Koike, No. 11,575, 9 Cir., 164 F.2d 155. There, as here, the substitution of the United States as party plaintiff and a summary reversal are sought. For the reasons stated in our opinion in Porter v. Koike the motion for substitution of the United States as party plaintiff is granted and the order of dismissal, 69 F. Supp. 441, is reversed and the case is remanded for further proceedings.