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MIDLAND COOPERATIVE WHOLESALE v. ICKES

No. 12085.

125 F.2d 618 (1942)

MIDLAND COOPERATIVE WHOLESALE v. ICKES, Secretary of the Interior, et al.

Circuit Court of Appeals, Eighth Circuit.

January 27, 1942.

Attorney(s) appearing for the Case

Daniel C. Rogers, of Fayette, Mo., for petitioner.

Walter Freedman, of Washington, D. C., Atty., Bituminous Coal Division, Department of the Interior (Nathan R. Margold, Sol., Department of the Interior, Arnold Levy, Gen. Counsel, Jesse B. Messitte, Asst. Gen. Counsel, John R. Reed, and Cecelia Goetz, all of Washington, D.C., Attys., Bituminous Coal Division, Department of the Interior, on the brief), for respondents.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

WOODROUGH, Circuit Judge.

This is a petition to review an order of the Director of the Bituminous Coal Division of the Department of the Interior which denies the petitioner the right to register as a "distributor" under Section 4 II(h) of the Bituminous Coal Act of 1937, 15 U.S.C.A. § 433, but allows it to qualify as an "intervening agency" under paragraph 13 of Section 4 II(i) of the Act upon complying with certain administrative conditions. The jurisdiction...

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