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POWELL v. GRAY

No. 4671.

114 F.2d 752 (1940)

POWELL et al. v. GRAY, Director of Bituminous Coal Division of Department of the Interior, et al. (BITUMINOUS COAL PRODUCERS BOARD FOR DISTRICT NO. 8, Intervenor).

Circuit Court of Appeals, Fourth Circuit.

September 26, 1940.

Attorney(s) appearing for the Case

W. R. C. Cocke and Joseph F. Johnston, both of Norfolk, Va. (L. B. Plummer and Wm. H. Delaney, both of Norfolk, Va., on the brief), for petitioners.

Arnold Levy, Asst. Gen. Counsel, Bituminous Coal Division, Department of the Interior, of Washington, D. C. (Abe Fortas, Gen. Counsel, Harold Leventhal, and Robert W. Greenleaf, all of Washington, D. C., Attys., Bituminous Coal Division, Department of the Interior, and Robert L. Stern, Sp. Asst. to the Atty. Gen., on the brief), for respondents H. A. Gray and Harold L. Ickes.

Burr Tracy Ansell, of Washington, D. C., and William A. Grimes, of Baltimore, Md., for intervenor Bituminous Coal Producers Board for District No. 8.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is a petition to review an order of the Director of the Bituminous Coal Division of the Department of the Interior. Petitioners are receivers of the Seaboard Air Line Railway Company and as such are the holders of coal leases on certain coal lands in Virginia and West Virginia from which they are having coal mined in three separate mines by independent contractors. The coal thus mined is used by...

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