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VARNEY v. WAREHIME

No. 9847.

147 F.2d 238 (1945)

VARNEY et al. v. WAREHIME et al.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1945.

Attorney(s) appearing for the Case

W. L. Hotchkiss, of Cleveland, Ohio (Don C. Miller and Francis B. Kavanagh, both of Cleveland, Ohio, and Tom C. Clark, Walker Smith, Floyd L. Cook, Leonard L. Lightcap, Charles B. Nutting, and Ben I. Melnicoff, all of Washington, D. C., on the brief), for appellants.

Paul W. Walter, of Cleveland, Ohio (Walter & Haverfield, Paul W. Walter, Louis J. Doria, and Franklin A. Polk, all of Cleveland, Ohio, on the brief), for appellees.

Before HAMILTON, MARTIN and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Under Title III of the War Powers Act, 56 Stat. 176, Title 50 U.S.C.A.Appendix, § 633, 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 for defense or of any facilities for defense or for private account or for export, he is authorized to allocate such material or facilities in such manner and upon such conditions and to...

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