The opinion of the court was delivered by: BYERS
Hearing on motion for a temporary injunction in an action for final injunction.
At the hearing which was on the return of an order to show cause, reference was had to the complaint and in addition affidavits were filed by Albert L. Colloms, Albert C. Cornish, and James C. Monaghan, all verified April 20, 1944.
The motion was adjourned by consent until May 24, 1944.
The complaint alleges jurisdictional matters and Ration Order No. 11, and avers that the defendant is a dealer in fuel oil within the meaning of that order.
It is alleged that commencing July 1, 1943, the Office of Price Administration issued to consumers fuel oil rations called coupon rations, the scope and purpose of which are set forth, as are the manner in which such coupons are to be handled by the dealer to whom the consumer delivered them in connection with the purchase of fuel oil.
It is alleged that commencing on or about January 15, 1944, the defendant detached coupons from consumer rations, deposited them in its ration bank account, and made deliveries of fuel oil "to certain consumers otherwise than permitted by, and in violation of, Ration Order No. 11", in the following particulars:
(a) It detached period 4 coupons prior to the valid dates thereof without making contemporaneous delivery to the consumer.
(b) It detached coupons without making contemporaneous delivery of fuel oil corresponding therewith.
(c) It transferred fuel oil to consumers without contemporaneously receiving in exchange therefor valid ration coupons of the required value.
(d) It deposited in its ration bank account detached coupons contrary to the regulations.
An injunction is sought to forbid:
a. Detaching fuel oil coupons from consumer rations prior to the ...