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UNITED STATES v. ARKANSAS POWER & LIGHT CO.

No. 14660.

207 F.2d 943 (1953)

UNITED STATES v. ARKANSAS POWER & LIGHT CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 24, 1953.

Attorney(s) appearing for the Case

Morton Hollander, Attorney, Dept. of Justice, Washington, D. C. (Holmes Baldridge, Asst. Atty. Gen., James T. Gooch, U. S. Atty., W. H. Gregory, Asst. U. S. Atty., Little Rock, Ark., Melvin Richter, Paul A. Sweeney and George F. Foley, Attorneys, Department of Justice, Washington, D. C., and R. L. Davidson, Chief Counsel, Southwestern Power Administration, Department of the Interior, Tulsa, Okl., on the brief), for appellant.

W. H. Holmes (House, Moses & Holmes and E. B. Dillon, Jr., Little Rock, Ark., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment of dismissal, upon the merits, of the Government's complaint in an action to recover damages from the defendant (appellee) for breach of contract.

The case was here before. 165 F.2d 354. The first appeal was taken by the Government from an order dismissing its complaint upon the ground that the action had been prematurely brought, since the Arkansas Public Service Commission...

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