Opinion
Action by Frank R. Creedon, Housing Expediter, Office of the Housing Expediter, against King Wilson and others, individually and trading as the Polis Brothers. Defendants moved to dismiss the complaint. The District Court, Ganey, J., held that persons to whom the Housing Expediter had requested that restitution be tendered would be added as a party plaintiff in the action so that any counterclaim of defendants relating to cause of action could be asserted against, but not to exceed, claim of plaintiff.
Motion denied.
Joseph J. Strassman, Litigation Attorney, Office of the Housing Expediter, Philadelphia, Pa., for plaintiff.
A. Allan Goodman, Charles Polis, Philadelphia, Pa., for defendants.
GANEY, District Judge.
This action is almost identical to Creedon v. Polis, D.C.E.D.Pa., 7 F.R.D. 652. For the reasons stated by Judge Bard in his opinion, the defendants' motion to dismiss the complaint is denied and an order may be entered directing that the persons to whom the Housing Expediter has requested that restitution be tendered be added as a party plaintiff in this action so that any counterclaim of the defendants relating to the cause of action may be asserted against, but not to exceed, the claim of the plaintiff.
This court has jurisdiction by virtue of Secs. 205 and 206 of the Housing and Rent Act of 1947, 50 U.S.C.A.Appendix, §§ 1895, 1896.