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UNITED STATES GRAPHITE CO. v. SAWYER

No. 9680.

176 F.2d 868 (1949)

UNITED STATES GRAPHITE CO. v. SAWYER, Secretary of Commerce.

United States Court of Appeals District of Columbia Circuit.

Decided February 28, 1949.

Rehearing Denied October 13, 1949.

Attorney(s) appearing for the Case

Mr. J. Marvin Haynes, of Washington, D. C., with whom Messrs. W. C. Magathan and F. Eberhart Haynes, both of Washington, D. C., were on the brief, for appellant.

Mr. Edward H. Hickey, Special Assistant to the Attorney General, with whom Messrs. George Morris Fay, United States Attorney, and Richard E. Guggenheim, Attorney, Department of Justice, were on the brief, for appellee. Mr. Herbert A. Bergson, Acting Assistant Attorney General, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, CLARK, and WILBUR K. MILLER, Circuit Judges.

PER CURIAM.

The judgment is affirmed on the opinion of Judge Pine in the District Court. United States Graphite Co. v. Harriman, D. C., 71 F.Supp. 944.

WILBUR K. MILLER, Circuit Judge (dissenting).

As my brethren have approved and adopted the District Court's opinion without reproducing it, I shall restate the case before giving the reasons for my dissent.

In an effort to induce private enterprise to use...

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