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UNITED STATES v. CITY OF CHESTER

No. 8490.

144 F.2d 415 (1944)

UNITED STATES v. CITY OF CHESTER et al.

Circuit Court of Appeals, Third Circuit.

Decided July 17, 1944.

As Amended August 10, 1944.

Attorney(s) appearing for the Case

Theodore Smithers, of Chester, Pa. (Vincent P. Desmond and J. Harold Hughes, both of Chester, Pa., on the brief), for appellants.

Howard E. Stern, Samuel Feldman, and Robert McCay Green, all of Philadelphia, Pa., and Charles S. Rhyne, of Washington, D. C., for amicus curiae.

Joseph E. Gold, Asst. U. S. Atty., Washington, D. C. (Gerald A. Gleeson, U. S. Atty., of Washington, D. C., Francis M. Shea, Asst. Atty. Gen., and Dick Cutter Smiley, Atty., Department of Justice, of Washington, D. C., on the brief), for appellee.

Before BIGGS and JONES, Circuit Judges, and BARD, District Judge.

BIGGS, Circuit Judge.

The primary question presented for our determination is whether the City of Chester, Pennsylvania, can compel an agency of the United States Government, viz., the United States Housing Authority,1 acting through the National Housing Agency,2 to comply with local building regulations in building emergency housing to house war workers in Chester. Chester's answer alleges failure on the part...

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