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COLLINS v. FLEMING

No. 371.

159 F.2d 426 (1947)

COLLINS et al. v. FLEMING, Temporary Controls Administrator.

United States Emergency Court of Appeals.

Decided January 2, 1947.

Attorney(s) appearing for the Case

John K. Skaggs, Jr., and Allen P. Dodd, Sr., both of Louisville, Ky., and Max O'Rell Truitt, of Washington, D. C., for the complainants.

Richard H. Field, Gen. Counsel, Carl A. Auerbach, Associate Gen. Counsel, William R. Ming, Jr., Chief Court Review Price Branch, and James A. Durham and Prentice A. Hilburn, Attys., all of the Office of Price Administration, all of Washington, D. C., for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

MARIS, Chief Judge.

The complainants were prior to December 1, 1942 the owners and holders of 28,827 shares of the common stock of Cummins Distilleries Corporation, a Delaware corporation engaged in the production and storage of bourbon whiskey in Kentucky, where its chief office, distilleries and bonded warehouses were located. On December 24, 1942 the corporation had outstanding 219,207 shares of common stock which were held by 395 stockholders scattered throughout...

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