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PITTSBURGH CAN CO. v. UNITED STATES

No. 7272.

113 F.2d 821 (1940)

PITTSBURGH CAN CO. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

June 29, 1940.

Attorney(s) appearing for the Case

Samuel Kaufman, and S. Leo Ruslander, both of Pittsburgh, Pa., for appellant.

George Mashank, U. S. Atty., and Elliott W. Finkel, Asst. U. S. Atty., both of Pittsburgh, Pa., Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, and Lester L. Gibson, Sp. Assts. to Atty. Gen., for the United States.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

By coincidence this is the third case arising out of World War No. 1 considered by this Court at this term. That war spread to the United States, disrupted inter alia industrial conditions and so afforded an opportunity for abnormal profits. In one case1 we held that those profits may have "disappointed" the United States but had not "deluded" them in the sense of the rule permitting relief. In another

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