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BOWLES v. CASE

No. 10916.

149 F.2d 777 (1945)

BOWLES, Administrator, Office of Price Administration, v. CASE, Commissioner of Public Lands of State of Washington, et al.

Circuit Court of Appeals, Ninth Circuit.

May 28, 1945.

Attorney(s) appearing for the Case

Fleming James, Jr., Director, Litigation Division, OPA, Abraham Glasser, Samuel Mermin, Sp. Appellate Attys., and Albert M. Dreyer, Atty., OPA, all of Washington, D. C. (David London, Acting Regional Litigation Atty., OPA, Washington, D. C., of counsel), for appellant.

Smith Troy, Atty. Gen., State of Washington, and R. A. Moen, Asst. Atty. Gen., for appellee, Otto A. Case, etc.

W. Z. Kerr, Stephen V. Carey, Evan S. McCord, and S. N. Greenleaf, all of Seattle, Wash., for appellee Soundview Pulp Co.

Before HEALY and BONE, Circuit Judges, and McCOLLOCH, District Judge.

HEALY, Circuit Judge.

Involved here is an appeal by the Administrator of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 901 et seq., from a judgment denying injunctive relief. The principal defendant in the suit is the Commissioner of Public Lands of the State of Washington, to whom we shall refer as the Commissioner.

In September 1943 the War Production Board requested the Commissioner...

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