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PEACOCK CANNING CO. v. TURNEY

No. 463.

168 F.2d 1019 (1948)

PEACOCK CANNING CO. et al. v. TURNEY.

United States Emergency Court of Appeals.

Decided July 14, 1948.

Attorney(s) appearing for the Case

Joseph J. Smith, Jr., of Washington, D. C., (O. R. McGuire, Jr., and Hogan & Hartson, all of Washington, D. C., on the brief), for complainants.

Israel Convisser, of Washington, D. C., (Tom C. Clark, Atty. Gen., T. Vincent Quinn, Asst. Atty. Gen., and Floyd L. Cook and Charles G. Mulligan, both of Washington, D. C., Attorneys, all of the Department of Justice, on the brief), for respondent.

Before MAGRUDER, McALLISTER and LINDLEY, Judges.

Heard at Washington May 21, 1948.

LINDLEY, Judge.

Complainants are packers of Maine sardines, whose protests, in view of their similarity, were combined before the Administrator. Consequently a joint complaint followed in this court.

Complainants, during the twelve months preceding March 31, 1945, had sold to the Government, at its order, "standard keyless sardines" constituting 55% of their total production during that period. Complainants had found...

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