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MASSY v. KENDALL

No. 603.

217 F.2d 319 (1954)

James F. MASSY, doing business as Massy Motors v. Charles H. KENDALL, Assistant Director, Office of Defense Mobilization.

United States Emergency Court of Appeals.

Decided December 10, 1954.

Attorney(s) appearing for the Case

Vennum, Newhall & Ackman, Minneapolis, Minn., for complainant.

Warren E. Burger, Asst. Atty. Gen., and Edward H. Hickey, Chief, General Litigation Section, and Mrs. Katherine Hardwick Johnson, Attorney, Department of Justice, and James A. Durham, Washington, D. C., and Joseph T. Maioriello, Special Counsel, Office of Defense Mobilization, New York City, for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

MARIS, Chief Judge.

The prior proceedings in this action which was instituted with leave of the United States District Court for the District of Minnesota under Section 408(d) (1) of the Defense Production Act of 1950, as amended, 50 U.S.C.A.Appendix, § 2108, are fully set out in our prior opinion in the case, Em.App., 209 F.2d 250, and need not be repeated. Suffice it to say that on...

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