Bowles v. Ben Schatten, Inc.

S.D. New York

Bowles v. Ben Schatten, Inc.

66 F. Supp. 361, 1945 U.S. Dist. LEXIS 1534

DecidedJune 12, 1945

StatusPublished

This text of 66 F. Supp. 361 (Bowles v. Ben Schatten, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowles v. Ben Schatten, Inc., 66 F. Supp. 361, 1945 U.S. Dist. LEXIS 1534 (S.D.N.Y. 1945).

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Opinion

RIFKIND, District Judge.

Plaintiff moves for a temporary injunction restraining alleged violations by defendant of M.P.R. 574, relating to cattle and calves. The violation complained of is that during the accounting period January 29, 1945, to March 2, 1945, defendant paid $61,124.65 for cattle subject to a ceiling of $58,047.45, an over-payment of $3,077.20, or over 5%. The violations are admitted and nothing is said in mitigation except the difficulty of compliance. The margin of over-payment indicates that causes other than mischance are responsible for the over-payment.

Motion is granted. Settle proposed findings and order on two days’ notice.

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RIFKIND, District Judge.

Plaintiff moves for a temporary injunction restraining alleged violations by defendant of M.P.R. 574, relating to cattle and calves. The violation complained of is that during the accounting period January 29, 1945, to March 2, 1945, defendant paid $61,124.65 for cattle subject to a ceiling of $58,047.45, an over-payment of $3,077.20, or over 5%. The violations are admitted and nothing is said in mitigation except the difficulty of compliance. The margin of over-payment indicates that causes other than mischance are responsible for the over-payment.

Motion is granted. Settle proposed findings and order on two days’ notice.

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Bluebook (online)

66 F. Supp. 361, 1945 U.S. Dist. LEXIS 1534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowles-v-ben-schatten-inc-nysd-1945.