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CHICAGO FURNITURE FORWARDING CO. v. BOWLES

No. 9214.

161 F.2d 411 (1947)

CHICAGO FURNITURE FORWARDING CO. v. BOWLES, Price Administrator.

Circuit Court of Appeals, Seventh Circuit.

May 19, 1947.

Attorney(s) appearing for the Case

Robert L. Elliott, Jr., and Gardner, Morrow, Fowler & Merrick, all of Chicago, Ill. (John F. Manierre, of Chicago, Ill., of counsel), for appellant.

David London and Samuel Mermin, both of Washington, D.C., Jacob Cohen, of Chicago, Ill., William E. Remy, Albert M. Dreyer, and Albert J. Rosenthal, all of Washington, D. C., and Randal J. Elmer, of Chicago, Ill., for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff, claiming to be a public utility, on June 26, 1945, filed suit for a declaratory judgment against the Administrator of the Office of Price Administration and the District Enforcement Attorney of the Office, wherein it sought an adjudication declaring "that plaintiff is a common carrier" exempt from the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix § 901 et seq., and, in the alternative, if the court should find that...

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