Opinion
Civil Action No. 1439.
December 30, 1943.
Charles E. McMahon, of Rochester, N.Y. (Lloyd V. Storandt, of Rochester, N.Y., of counsel), for plaintiff.
MacFarlane, Harris Goldman, of Rochester, N.Y. (Joseph W. Martin, of Rochester, N.Y., of counsel), for defendant.
Action by Chester Bowles, as Administrator of the Office of Price Administration, against Raymond Camillaci, also known as Rocco Camillaci. The defendant was enjoined by a final decree from violation of rules and regulations of the Office of Price Administration relating to the sale of poultry. Thereafter the plaintiff commenced a proceeding by an order to show cause why the defendant should not be adjudged in contempt of court for willful violations of the final decree and why the defendant should not be punished for such contempt in such manner as the court might determine. The defendant moved to dismiss the proceeding on the ground that it was insufficient in law and improper in form and did not constitute a claim which plaintiff might exercise for the type of relief asked, particularly because the relief sought was in the form of a civil proceeding to which relief the plaintiff was not entitled.
Proceeding dismissed, and order entered directing local attorney for OPA to prosecute defendant criminally on behalf of the court.
The proceeding must be construed as one to punish for civil contempt and as such should be dismissed. McCann v. New York Stock Exchange, 2 Cir., 80 F.2d 211, 214; Federal Trade Commission v. A. McLean Sons, 7 Cir., 94 F.2d 802.
As suggested in the McCann case, supra, an order should be entered directing the local attorney for the Office of Price Administration to prosecute the defendant criminally on behalf of the Court.