SAXTON COAL MINING CO. v. NATIONAL BITUMINOUS C. COM'N

Nos. 7100-7103, 7099.

96 F.2d 517 (1938)

SAXTON COAL MINING CO. v. NATIONAL BITUMINOUS COAL COMMISSION, and four other cases.

United States Court of Appeals for the District of Columbia.

Decided February 10, 1938.


Attorney(s) appearing for the Case

J. Harry Covington, of Washington, D. C., and William H. Cooke, of Terre Haute, Ind., for petitioners Saxton Coal Mining Co. and Enos Coal Mining Co.

Donald C. Beelar, Louis G. Caldwell, and Howard W. Vesey, all of Washington, D. C., for petitioner St. Louis and O'Fallon Coal Co.

Gregory S. Prince, J. Carter Fort, C. A. Miller and Sidney S. Alderman, all of Washington, D. C., for petitioner Aberdeen and Rockfish R. Co.

Robert W. Knox, Acting Gen. Counsel, and W. H. Matthews, Jr., and M. C. Ferguson, Sp. Asst. to the Gen. Counsel, National Bituminous Coal Commission, all of Washington, D. C., and Robert L. Stern, Sp. Asst. to the Atty. Gen., for respondent National Bituminous Coal Commission.

Before STEPHENS, MILLER, and EDGERTON, Associate Justices.


PER CURIAM.

From the allegations of the petitions and from the statements and concessions made in the course of argument, it appears that the Bituminous Coal Commission's minimum price orders, sought ultimately to be reviewed by this court under the provisions of section 6(b) of the Act of April 26, 1937, 50 Stat. 72, 15 U.S.C.A. § 836(b), were issued and made effective without notice of hearing, without affording a hearing to interested parties, and without...

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