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LEE v. FLEMING

No. 270.

158 F.2d 984 (1946)

LEE v. FLEMING, Temporary Controls Administrator.

United States Emergency Court of Appeals.

Decided December 13, 1946.

As Amended December 14, 1946.

Attorney(s) appearing for the Case

Werner J. Trimborn, of Milwaukee, Wis. (Walter H. Bender, of Milwaukee, Wis., on the brief), for complainant.

Betty L. Brown, Atty., Office of Price Administration, of Washington, D. C. (Richard H. Field, Gen. Counsel, Carl A. Auerbach, Associate Gen. Counsel, and William R. Ming, Jr., Chief, Court Review Price Branch, all of Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

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

Heard at Milwaukee August 28, 1946.

MARIS, Chief Judge.

The complainant is engaged in Milwaukee in the milling, by a special stone-grinding process, of whole wheat flour from wheat grown in Deaf Smith County, Texas. The complainant calls his product Deaf Smith Flour and he claims for it nutritional value higher than that of the so-called standard or commercial whole wheat flours. He bases this claim both upon the method of milling by which approximately 95...

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