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NORTHWESTERN IMPROVEMENT CO. v. ICKES

No. 448.

111 F.2d 221 (1940)

NORTHWESTERN IMPROVEMENT CO. v. ICKES, Secretary of the Interior, et al.

Circuit Court of Appeals, Eighth Circuit.

April 25, 1940.

Attorney(s) appearing for the Case

M. L. Countryman, Jr., of St. Paul, Minn. (L. B. daPonte, of St. Paul, Minn., on the brief), for petitioner.

Harold Leventhal, Atty., Bituminous Coal Division, Department of the Interior, of Washington, D. C. (Robert L. Stern, Sp. Asst. to Atty. Gen., and Abe Fortas, Gen. Counsel, Bituminous Coal Division, Department of the Interior, of Washington, D. C., on the brief), for respondents.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

This is a petition of Northwestern Improvement Company to review and reverse an order of the National Bituminous Coal Commission entered June 23, 1939 in the matter of the application of Northwestern Improvement Company for an order granting it exemption from any obligation, duty or liability imposed by Section 4 of the Bituminous Coal Act of 1937, 15 U.S.C.A. § 828 et seq., with respect...

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