KRUG v. FOX

No. 5594.

161 F.2d 1013 (1947)

KRUG, Secretary of the Interior, et al. v. FOX.

Circuit Court of Appeals, Fourth Circuit.

May 22, 1947.


Attorney(s) appearing for the Case

J. Francis Hayden, Sp. Asst. to Atty. Gen. (John F. Sonnett, Asst. Atty. Gen., Wayne T. Brooks, U. S. Atty., and Howard Caplan, Asst. U. S. Atty., both of Clarksburg, W. Va., and John Ford Baecher, Sp. Asst. to Att. Gen., on the brief), for appellants.

Kermit R. Mason, of Morgantown, W. Va., for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


PARKER, Circuit Judge.

This is an appeal from an order granting an interlocutory injunction in a suit against the Secretary of the Interior of the United State, the Coal Mines Administrator, the Administrator's Comptroller and the Resident Officer in Charge of Fox Coal Company Mine Number 3 in the Northern District of West Virginia. The complaint alleged that plaintiff was the owner of that coal mine, that the defendants were operating it in defiance of the property...

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