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LINCOLN ELECTRIC CO. v. KNOX

Civil Action No. 21866.

56 F.Supp. 308 (1944)

LINCOLN ELECTRIC CO. v. KNOX et al.

District Court of the United States for the District of Columbia.

August 2, 1944.

Attorney(s) appearing for the Case

McKeehan, Merrick, Arter & Stewart, of Cleveland Ohio, Ashley M. Van Duzer, Thomas V. Koykka, and M. Reese Dill, all of Cleveland, Ohio, and Charles Effinger Smoot, of Washington, D. C., for plaintiff.

Edward M. Curran, U. S. Atty., and Daniel B. Maher, Asst. U. S. Atty., both of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen., for defendants.

Before GRONER, Circuit Judge, and BAILEY and GOLDSBOROUGH, District Judges.

PER CURIAM.

The case is now before us on a motion by defendants for summary judgment. The complaint of Lincoln Electric Company against Secretary Knox and Under-Secretary Forrestal was filed in this Court November 3, 1943. The main purpose was to obtain a decree that the Renegotiation Act, 50 U.S.C.A.Appendix, § 1191, in its form prior to the amendments of February 25, 1944, is unconstitutional and unenforceable. Defendants answered January 20, 1944, denying...

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