BINKLEY MINING CO. v. WHEELER

No. 12367.

133 F.2d 863 (1943)

BINKLEY MINING CO. OF MISSOURI v. WHEELER, Acting Director, Bituminous Coal Division, Department of the Interior, et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 5, 1943.


Attorney(s) appearing for the Case

Henry Adamson, of Terre Haute, Ind. (Russell Blair and Lloyd C. Adamson, both of Terre Haute, Ind., on the brief), for petitioner.

Raymond G. Irvine, Chief, Compliance Proceedings Unit, Bituminous Coal Division, United States Department of Interior, of Washington, D. C. (Warner W. Gardner, Solicitor, United States Department of Interior, Arnold Levy, Gen. Counsel, and Jesse B. Messitte, Asst. Gen. Counsel, and Harry I. Rand and Erwin B. Ellmann, Dennis J. Lindsay, Attys., Bituminous Coal Division, United States Department of Interior, all of Washington, D. C., on the brief), for respondents.

Before SANBORN, WOODROUGH and THOMAS, Circuit Judges.


WOODROUGH, Circuit Judge.

The petition for review in this case is presented by the Binkley Mining Company of Missouri, a Code Member under the Bituminous Coal Act of 1937. It feels itself aggrieved by the order of June 4, 1942, of the Director of the Bituminous Coal Division of the Department of the Interior directing petitioner to cease and desist from selling or offering to sell coal produced by it at less than the applicable effective minimum prices established...

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