The opinion of the court was delivered by: JONES
This cause came on to be heard on the 10th day of May, 1945, for trial to the court upon the pleadings, evidence, exhibits, statements, stipulations, and arguments of counsel for both of the parties, and after full consideration of this cause the Court finds:
1. That there is no dispute as to the material facts alleged in the complaint;
3. That said swelling after it was constructed was sold by the said defendant Nicholas F. Molnar to the defendants Myra W. Dobbs and Clara W. Stevens with full notice to them of the restrictions and limitations imposed upon said dwelling by reason of the priorities assistance given under the Rules and Regulations aforesaid to the defendant Nicholas F. Molnar for its construction;
4. That the defendants Myra W. Dobbs and Clara W. Stevens did obtain a certificate to evict the defendant Walter H. McConnell from said dwelling, from the Office of Price Administration;
5. That the said defendant Walter H. McConnell was at all the time of his occupancy of said dwelling as alleged in the complaint an eligible war worker entitled to occupy said dwelling;
6. That to permit the eviction of the defendant Walter H. McConnell from the occupancy of said dwelling by the action instituted by the defendants Myra W. Dobbs and Clara W. Stevens, in the Municipal Court of the City of Cleveland, would result in immediate irreparable injury, loss, damage to the Government of the United States in the successful prosecution of the provisions of the National Defense Act and the Second War Powers Act, thereby diverting the use of scarce materials and facilities incorporated in said dwelling contrary to the purpose of the authorization and priorities assistance which were granted to the defendant Nicholas F. Molnar in the construction of said dwelling under the Regulations and Orders of the War Production Board and the National Housing Administration;
7. That the certificate to evict the defendant Walter H. McConnell obtained by the defendants Myra W. Dobbs and Clara W. Stevens from the occupancy of said dwelling did not supersede or release the limitations imposed upon said dwelling;
8. That the said certificate issued to the defendants Myra W. Dobbs and Clara W. Stevens by the Office of Price Administration to evict the defendant Walter H. McConnell was permissive and not directive.
It is therefore ordered, adjudged, and decreed:
1. That the Temporary Restraining Order heretofore entered without notice to the defendants shall continue in full force and effect pending the entry of the following order granting a Permanent Injunction;
2. That defendants Myra W. Dobbs and Clara W. Stevens their agents and servants are herewith enjoined until the termination of the national emergency from renting, selling or otherwise disposing of the dwelling located at 3572-4 Warren Road, City of Cleveland, County of Cuyahoga, and State of Ohio, contrary to the provisions of General Preference Order P-55-b, and the covenants and condition contained in defendant Nicholas F. Molnar's application for authority to construct said dwelling and to obtain war production priorities assistance to secure materials for use in said construction;
3. That defendant Walter H. McConnell's right to occupy said dwelling as an eligible war worker is hereby confirmed and that defendants Myra W. Dobbs and Clara W. Stevens, their agents and servants, are enjoined from interfering in any way with such occupancy, until the further order of this Court. Notice by Clerk hereby waived.
This action having been tried by the court without a jury, the court hereby makes the following Findings of ...