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COOPER v. ANDERSON

No. 34418.

66 F.Supp. 651 (1946)

COOPER et al. v. ANDERSON et al.

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

May 9, 1946.

Attorney(s) appearing for the Case

O. R. McGuire, of Washington, D. C., for plaintiffs.

Albert M. Dreyer, Solicitor OPA, and Gordon L. Eakle, Dept. of Justice, both of Washington, D. C., for defendants.

BAILEY, Justice.

The plaintiffs bring this action to enjoin the enforcement of, and to declare invalid a regulation issued by the Price Administrator under Section 2(d) of the Emergency Price Control Act, 50 U.S.C.A.Appendix, § 902(d). However clearly it may appear that the defendant the Secretary of Agriculture failed to exercise the discretion imposed upon him by law in his approval of the regulation which was, in his own language "by direction of the Director...

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