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UNITED STATES v. ARKANSAS POWER & LIGHT CO.

No. 13569.

165 F.2d 354 (1948)

UNITED STATES v. ARKANSAS POWER & LIGHT CO.

Circuit Court of Appeals, Eighth Circuit.

January 7, 1948.

Attorney(s) appearing for the Case

Melvin Richter, Atty., Department of Justice, of Washington, D. C. (Peyton Ford, Asst. Atty. Gen., and James T. Gooch, U. S. Atty., and W. H. Gregory, Asst. U. S. Atty., both of Little Rock, Ark., Edward H. Hicket, Sp. Asst. to Atty. Gen., and Hadley W. Libbey, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

W. H. Holmes, of Little Rock, Ark. (J. W. House, W. Horace Jewell, and Thomas C. Trimble, Jr., all of Little Rock, Ark., on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

COLLET, Circuit Judge.

The trial court dismissed the complaint of the United States against the Arkansas Power and Light Company without a hearing on the merits on the ground that the action was prematurely brought. From the Order and Judgment of dismissal, the United States appeals. The parties will be referred to as the plaintiff and the defendant.

The Amended Complaint alleges that the plaintiff and defendant entered into a contract February 20, 1945, by...

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