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UTAH JUNK CO. v. FLEMING

No. 184.

159 F.2d 440 (1946)

UTAH JUNK CO. v. FLEMING, Temporary Controls Administrator.

United States Emergency Court of Appeals.

Decided December 19, 1946.

Rehearing Denied January 15, 1947.

Writ of Certiorari Denied March 31, 1947.

Attorney(s) appearing for the Case

Keith L. Seegmiller, of Washington, D. C. (Ernest L. Wilkinson, of Washington, D. C., on the brief), for complainant.

Jacob D. Hyman, Associate Gen. Counsel (Richard H. Field, Gen. Counsel, William R. Ming, Jr., Chief, Court Review Price Branch, and Carl H. Fulda, Irving J. Helman, and John J. Downey, Jr., Attys., all of the Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

Before MAGRUDER, McALLISTER, and LAWS, Judges.

Heard at Washington July 10, 1946.

Writ of Certiorari Denied March 31, 1947. See 67 S.Ct. 1084.

MAGRUDER, Judge.

When this case was here before (Utah Junk Co. v. Bowles, Em.App., 150 F.2d 963) we dismissed the complaint, not on the merits, but on a point of procedure as to which it turned out we were mistaken. Since at the time the protest was filed the Price Administrator had already amended the regulation prospectively...

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