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PUBLICKER INDUSTRIES v. ANDERSON

Civ. A. 36432.

68 F.Supp. 532 (1946)

PUBLICKER INDUSTRIES, Inc. v. ANDERSON.

District Court of the United States for the District of Columbia.

September 23, 1946.

Attorney(s) appearing for the Case

William H. Matthews, Jr., (of Knox, Matthews & Lishman), of Washington, D. C., Ezekiel Stoddard, of New York City, and Oscar Cox (of Cox, Langford, Stoddard & Cutler), of Washington, D. C., for plaintiff.

John F. Sonnett, Asst. Atty. Gen., Edward M. Curran, U. S. Atty., and Daniel B. Maher, Asst. U. S. Atty., both of Washington, D. C., J. Francis Hayden, Sp. Asst. to Atty. Gen., and Philip B. Kurland, Atty., Department of Justice, of Washington, D. C., for defendant.

SCHWEINHAUT, Associate Justice.

(1) The motion to dismiss is denied. This suit alleges that the Secretary of Agriculture is disobeying a congressional mandate. Such allegation gives this court jurisdiction and the suit is not one against the United States. Utah Fuel Co. v. Coal Comm'n., 306 U.S. 56, 59 S.Ct. 409, 83 L.Ed. 483; Stark v. Wickard, 321 U.S. 288

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