Page:United States Statutes at Large Volume 58 Part 1.djvu/660

 [58 STAT. PUBLIC LAWS--CH. 325-JUNE 30, 1944 "(ii) during the pendency of any protest properly filed by the Ante, p .38 . defendant under section 203 prior to the institution of the pro- 6 stat . 33. ceeding under section 205, setting forth objections to the validity m0, pp. i, pp . of such provision which the court finds to have been made in fr ra . good faith; and "(iii) during the pendency of any judicial proceeding insti- tuted by the defendant under this section with respect to such protest or instituted by the defendant under paragraph (1) of this subsection with respect to such provision, and until the expiration of the time allowed in this section for the taking of further proceedings with respect thereto. Grant of stays in Notwithstanding the provisions of this paragraph, stays shall be civilproceeings. granted thereunder in civil proceedings only after judgment and upon application made within five days after judgment. Notwith- standing the provisions of this paragraph, in the case of a proceed- 56 Stat. 33 . ing under section 205 (a) the court granting a stay under this para- pu.s. c ., su'P. graph shall issue a temporary injunction or restraining order enjoin- ing or restraining, during the period of the stay, violations by the defendant of any provision of the regulation, order, or price schedule involved in the proceeding. If any provision of a regulation, order, or price schedule is determined to be invalid by judgment of the Emergency Court of Appeals which has become effective in accord- 5s Stat. 32. ance with section 204 (b), any proceeding pending in any court shall 50 U. S. 0., Supp. mI, app. ji o i '). be dismissed, and any judgment in such proceeding vacated, to the extent that such proceeding or judgment is based upon violation of such provision. Except as provided in this subsection, the pendency Ante, p. 6. of any protest under section 203, or judicial proceeding under this . se ction, shall not be grounds for staying any proceeding brought pur- suant to section 205; nor, except as provided in this subsection, shall any retroactive effect be given to any judgment setting aside a pro- Ante, p.632. vision of a regulation or order issued under section 2 or of a price 56 Stat. 35. schedule effective in accordance with the provisions of section 206." 50 U. . C., Supp. III, app. § 926. AMENDMENTS TO SECTION 205 OF EMERGENCY PRICE CONTROL ACT OF 1942 56 Stat. 33. 50 U. S. C., Supp. III, app. 1925 . Infra. 5 Stat. 34. 50 U. S. C., Supp. II, app. 925 (e). Rights of buyer to bring action. Liability of seller. SEC. 108. (a) The third sentence of subsection (c) of section 205 of the Emergency Price Control Act of 1942, as amended, is amended by striking out the period at the end thereof and inserting a colon and the following: "Provided, however, That all suits under subsection (e) of this section shall be brought in the district or county in which the defendant resides or has a place of business, an office, or an agent." (b) Subsection (e) of section 205 of the Emergency Price Control Act of 1942, as amended, is amended to read as follows: " (e) If any person selling a commodity violates a regulation, order, or price schedule prescribing a maximum price or maximum prices, the person who buys such commodity for use or consumption other than in the course of trade or business may, within one year from the date of the occurrence of the violation, except as hereinafter provided, bring an action against the seller on account of the overcharge. In such action, the seller shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (1) Such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine, or (2) an amount not less than $25 nor more than $50, as the court in its discretion may determine: Provided, however, That such amount shall be the amount of the over- charge or overcharges or $25, whichever is greater, if the defendant proves that the violation of the regulation, order, or price schedule in 640

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