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CONSOLIDATED INDIANA COAL CO. v. NATIONAL B. COAL COM'N

No. 6734.

103 F.2d 124 (1939)

CONSOLIDATED INDIANA COAL CO. v. NATIONAL BITUMINOUS COAL COMMISSION.

Circuit Court of Appeals, Seventh Circuit.

March 13, 1939.

Attorney(s) appearing for the Case

A. B. Enoch and W. F. Peter, both of Chicago, Ill. (W. F. Dickinson, of Chicago, Ill., of counsel), for petitioner.

Thurman Arnold, Asst. Atty. Gen., and Robert L. Stern and Robert E. Sher, Sp. Assts. to Atty. Gen., Robert W. Knox, Gen. Counsel, of Washington, D. C., Jerome Mayer, of New York City, Atty., National Bituminous Coal Commission, for respondent.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is a petition to review an order of the National Bituminous Coal Commission, entered June 6, 1938, which (1) denied the petitioner's application for exemption from the Bituminous Coal Act of 1937, 15 U.S. C.A. §§ 828-851, insofar as said application was based on Section 4, Part 2 (l) of the Act, 15 U.S.C.A. § 833(l) and (2) dismissed as premature, without prejudice the application for exemption of petitioner...

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