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GRAY v. POWELL

No. 18.

314 U.S. 402 (1941)

GRAY, DIRECTOR OF THE BITUMINOUS COAL DIVISION OF THE DEPARTMENT OF THE INTERIOR, ET AL. v. POWELL ET AL., RECEIVERS.

Supreme Court of United States.

Decided December 15, 1941.

Attorney(s) appearing for the Case

Mr. Robert L. Stern, with whom Assistant Solicitor General Fahy, Assistant Attorney General Arnold, and Messrs. Richard H. Demuth, Arnold Levy, Jesse B. Messitte, and Abe Fortas were on the brief, for petitioners.

Mr. W.R.C. Cocke, with whom Messrs. Jos. F. Johnston and Wm. H. Delaney were on the brief, for respondents.

MR. JUSTICE REED delivered the opinion of the Court.

Respondents, receivers of the Seaboard Air Line Railway Company, seek from the Bituminous Coal Division of the Department of the Interior an exemption of certain coal from the Bituminous Coal Code on the ground that they were both the producer and consumer of the coal. If Seaboard is held to be a producer-consumer, it is entitled to an exemption by virtue of § 4-II (1) and § 4-A. These sections, together...

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