Bowles v. Philip Fleischer, Inc.

S.D. New York

Bowles v. Philip Fleischer, Inc.

66 F. Supp. 362, 1945 U.S. Dist. LEXIS 1536

CourtDistrict Court, S.D. New York

DecidedJune 12, 1945

StatusPublished

Cited by2 cases

This text of 66 F. Supp. 362 (Bowles v. Philip Fleischer, 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. Philip Fleischer, Inc., 66 F. Supp. 362, 1945 U.S. Dist. LEXIS 1536 (S.D.N.Y. 1945).

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Opinion

RIFKIND, District Judge.

This is an application by the plaintiff for an interlocutory injunction to restrain violations by defendant of M.P.R. 574, relating to cattle and calves.

From the affidavit submitted in support of the application it appears that defendant paid, during the accounting period January 29, 1945 to March 1, 1945, $74,195.32 for cattle subject to a ceiling of $69,828.95. The violation is admitted. The degree of over-payment is serious. The only circumstance suggested in opposition to the motion is that the regulations present grave difficulties in compliance. That is a defense which in effect challenges the validity or the wisdom of the Regulation. It is a defense which has been withdrawn from the jurisdiction of the district courts. Moreover, the degree of over-payment justifies an inference of calculated disregard of the Regulation.

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

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RIFKIND, District Judge.

This is an application by the plaintiff for an interlocutory injunction to restrain violations by defendant of M.P.R. 574, relating to cattle and calves.

From the affidavit submitted in support of the application it appears that defendant paid, during the accounting period January 29, 1945 to March 1, 1945, $74,195.32 for cattle subject to a ceiling of $69,828.95. The violation is admitted. The degree of over-payment is serious. The only circumstance suggested in opposition to the motion is that the regulations present grave difficulties in compliance. That is a defense which in effect challenges the validity or the wisdom of the Regulation. It is a defense which has been withdrawn from the jurisdiction of the district courts. Moreover, the degree of over-payment justifies an inference of calculated disregard of the Regulation.

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

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Bluebook (online)

66 F. Supp. 362, 1945 U.S. Dist. LEXIS 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowles-v-philip-fleischer-inc-nysd-1945.

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