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SAUNDERS PETROLEUM CO. v. BOWLES

No. 170.

152 F.2d 112 (1945)

SAUNDERS PETROLEUM CO. v. BOWLES, Price Adm'r.

United States Emergency Court of Appeals.

December 3, 1945.

Attorney(s) appearing for the Case

Herbert Jacob, of Kansas City, Mo. (Lee Reeder, of Kansas City, Mo., on the brief), for complainant.

Samuel M. Singer, Atty., OPA of Washington, D. C. (Richard H. Field, Gen. Counsel, Nathaniel L. Nathanson, Associate Gen. Counsel, Jacob D. Hyman, Asst. Gen. Counsel, and Lester N. Salwin, Atty., all of the OPA, all of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and McALLISTER and LINDLEY, Judges.

Heard at Omaha September 14, 1945.

McALLISTER, Judge.

This case involves an order issued by the Office of Price Administration, pursuant to Maximum Price Regulation No. 88 — Fuel Oil, Gasoline, and Liquified Petroleum Gas.

The background of the controversy is as follows:

The Pokorney Oil Company — not a party to these proceedings — had a contract in 1943 to furnish residual fuel oil to the Nebraska Defense Corporation,...

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