Opinion
No. 9396.
Argued December 16, 1947.
Decided January 6, 1948.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Guy K. Bard, Judge.
Action by Adolph W. Haber and another against William Garthly and another to recover treble damages for failure to refund rent allegedly received in an excess of the maximum rent fixed in accordance with provisions of the Emergency Price Control Act of 1942, § 205(e) as amended, 50 U.S.C.A.Appendix, § 925(e). From a judgment for the plaintiffs, 67 F. Supp. 774, the defendants appeal.
Affirmed.
Edward I. Weisberg, of Philadelphia, Pa., for appellants.
Ernest Ray White, of Philadelphia, Pa., for appellee.
Before BIGGS, GOODRICH and O'CONNELL, Circuit Judges.
The sole substantial question presented by the appeal at bar is whether the evidence was sufficient to sustain a finding by the jury that the defendants were guilty of a wilful violation of the Emergency Price Control Act of 1942, as amended, and the plaintiffs therefore were entitled to recover treble damages as provided in Section 205(e) of the Act, 50 U.S.C.A. Appendix, § 925(e). An examination of the record convinces us that there was ample evidence to sustain a conclusion of wilful violation on the part of the defendants.
Accordingly the judgment appealed from will be affirmed.