MacARTHUR MINING CO. v. RECONSTRUCTION FINANCE CORP.

No. 4985.

82 F.Supp. 455 (1949)

MacARTHUR MINING CO., Inc. v. RECONSTRUCTION FINANCE CORPORATION.

United States District Court W. D. Missouri, W. D.

February 25, 1949.


Attorney(s) appearing for the Case

Hook & Thomas and John W. Hoffman, Jr., all of Kansas City, Mo., for plaintiff.

Sam M. Wear, U. S. Atty. and Earl A. Grimes, Sp. Asst. to U. S. Atty., both of Kansas City, Mo., H. G. Morison, Asst. to Atty. Gen., Joseph M. Friedman, Sp. Asst. to Atty. Gen., and George Arthur Fruit, Attorney, Department of Justice, of Washington, D. C., for defendant.


REEVES, Chief Judge.

In its motion to dismiss the defendant challenges the jurisdiction of the court. It is suggested in the argument that the remedy, if any, in favor of the plaintiff, may be found in the Emergency Court of Appeals created pursuant to the Emergency Price Control Act, 50 U.S.C.A. Appendix, § 901 et seq. For a proper understanding of the nature of the proceeding a brief statement of facts should be made.

The plaintiff was engaged in mining...

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