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UNITED STATES v. DERN

No. 5987.

68 F.2d 773 (1934)

UNITED STATES ex rel. NEW YORK WAREHOUSE, WHARF & TERMINAL ASS'N, Inc., et al. v. DERN, Secretary of War.

Court of Appeals of the District of Columbia.

Decided January 2, 1934.

Attorney(s) appearing for the Case

John Philip Hill, Francis W. Hill, Jr., and Robert F. Cogswell, all of Washington, D. C., and Harper A. Holt, of New York City, for appellants.

Leo A. Rober, U. S. Atty., and John J. Wilson, Asst. U. S. Atty., both of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, HITZ, and GRONER, Associate Justices.

ROBB, Associate Justice.

Appeal from a judgment in the Supreme Court of the District dismissing appellants' petition for a writ of mandamus to compel the Secretary of War (1) to cancel lease agreements made between the Secretary and the Mercur Trading Corporation, as lessee; (2) to eject the corporation from the leased property; and (3) to desist from the commercial operation of the premises.

The material facts stated in the petition are as follows: In 1918...

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