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SEMINOLE ROCK & SAND CO. v. FLEMING

No. 402.

160 F.2d 542 (1947)

SEMINOLE ROCK & SAND CO. v. FLEMING.

United States Emergency Court of Appeals.

Decided March 12, 1947.

Attorney(s) appearing for the Case

Aaron L. Ford, of Washington, D. C., for complainant.

Josephine H. Klein, Sp. Asst. to Associate Gen. Counsel, of Washington, D. C. (Carl A. Auerbach, Gen. Counsel, William R. Ming, Jr., Associate Gen. Counsel, and Rosanna A. Blake, all of the Office of Price Administration, all of Washington, D. C., on the brief), for respondent.

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

Heard at Washington, D. C., February 15, 1947.

McALLISTER, Judge.

On January 6, 1947, the Seminole Rock and Sand Company, under leave of the District Court for the Southern District of Florida, and pursuant to Section 204(e) of the Emergency Price Control Act of 1942, as amended, 50 U.S.C.A.Appendix, § 924(e), filed complaint against the Price Administrator, seeking a judgment setting aside Maximum Price Regulation No. 1881

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