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UNITED STATES v. HESS

No. 7841.

127 F.2d 233 (1942)

UNITED STATES ex rel. MARCUS et al. v. HESS et al.

Circuit Court of Appeals, Third Circuit.

Decided March 23, 1942.

As Amended March 26, 1942.

Attorney(s) appearing for the Case

William H. Eckert and Eugene B. Strassburger, both of Pittsburgh, Pa. (J. Vincent Burke, Jr., Joseph A. Beck, Ben Paul Brasley, Peter Cooper, John J. Dougherty, A. S. Fingold, Zeno Fritz, Elder W. Marshall, James P. McArdle, Thomas D. McCloskey, John B. Nicklas, Jr., Carl D. Smith, W. W. Stoner, Ferdinand T. Weil, Gifford K. Wright, Emory R. Kyle and Smith, Buchanan & Ingersoll, all of Pittsburgh, Pa., on the brief), for appellants.

Thurman Arnold, of Washington, D. C., for the United States.

Charles J. Margiotti, Pittsburgh, Pa. (Margiotti, Pugliese & Casey, Joseph H. Reich, Joseph A. Rossi, on the brief), for appellees.

Before CLARK, JONES, and GOODRICH, Circuit Judges.

CLARK, Circuit Judge.

We share appellees' righteous indignation at the conduct of the appellants. In fact their own counsel made no attempt in his argument to us to justify that conduct. We cannot, however, share appellees' views of the applicable statute. The facts are not in dispute and may be simply stated. Federal funds were granted under the Public Works Administration to local municipalities and school districts in...

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