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BOWLES v. JACOBSON

No. 11000.

145 F.2d 975 (1944)

Chester BOWLES, Administrator, OPA, et al. v. JACOBSON et al.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1944.

Attorney(s) appearing for the Case

Harold Craske, Litigation Atty., O P A, Fleming James, Jr., Director, Litigation Division, O P A, and David London, Chief, Appellate Branch, O P A, all of Washington, D. C., and David B. Love, Regional Litigation Atty., O P A, of Dallas, Tex., for appellants.

J. Manuel Hoppenstein, of Dallas, Tex., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

The opinion of the court below entirely misconceived the purpose of the War Powers Act, which is here under consideration: "* * * Whenever the President is satisfied that the fulfillment of requirements for the defense of the United States will result in a shortage in the supply of any material or of any facilities for defense or for private account or for export, the President may allocate such material or facilities in such manner, upon such...

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