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ERIE COAL CO. v. UNITED STATES

No. 78.

266 U.S. 518 (1925)

ERIE COAL & COKE CORPORATION v. UNITED STATES.

Supreme Court of United States.

Decided January 5, 1925.

Attorney(s) appearing for the Case

Mr. John S. Wise, Jr., with whom Mr. Walter John King was on the briefs, for appellant.

Mr. Solicitor General Beck and Mr. Alfred A. Wheat, Special Assistant to the Attorney General, appeared for the United States.

MR. JUSTICE BUTLER delivered the opinion of the Court.

The judgment appealed from sustained a demurrer to plaintiff's petition and dismissed the case.

An act of Congress, approved July 11, 1919, 41 Stat. 105, authorized the Secretary of War to sell any surplus supplies then owned by and in the possession of the Government for the use of the War Department "upon such terms as may be deemed best." The petition alleged the following facts: The Secretary of War...

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