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KERSHAW v. KENDALL

Nos. 623, 624.

215 F.2d 653 (1954)

Gilbert C. KERSHAW, William N. Stobo, George E. Phelps, Frank L. Laffee, Emmons K. Berry, Paul W. Swift, George W. Thompson, Bonnie W. Bacon, David B. Barker, Eugene L. Lounsbury, Stanley J. Kowalczyk, Albert G. Kenney and Nildo B. Sartori v. Charles H. KENDALL, Assistant Director, Office of Defense Mobilization. Hubert B. KLOSTERMAN, Roy S. MacDougal, Leslie R. Ladd, Floyd H. Bennett, John Marshak, Everett H. Pert, and A. Clayton Longfellow v. Charles H. KENDALL, Assistant Director, Office of Defense Mobilization.

United States Emergency Court of Appeals

Decided September 24, 1954.

Attorney(s) appearing for the Case

Sumner H. Babcock, Boston, Mass., with whom Bingham, Dana & Gould, Boston, Mass., were on the brief, for complainants in No. 623.

Roger P. Stokey, Boston, Mass., with whom Frank B. Wallis and Goodwin, Proctor & Hoar, Boston, Mass., were on the brief, for complainants in No. 624.

John G. Roberts, Atty., Dept. of Justice, Washington, D. C., with whom Warren E. Burger, Asst. Atty. Gen., Edward H. Hickey, Chief, General Litigation Section, and George Arthur Fruit, Atty., Dept. of Justice, and James A. Durham, Stabilization Counsel, Office of Defense Mobilization, Washington, D. C., were on the brief, for respondent.

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

MARIS, Chief Judge.

The complainants, all of whom were employed as managers or salesmen by Swift & Company in the sale of meat, are defendants in a criminal information pending in the United States District Court for the District of Massachusetts, which charges them, together with Swift & Company, with having violated the Defense Production Act of 1950, 50 U.S.C. A.Appendix, § 2061 et seq., between May 25 and August 9, 1951 by selling fabricated beef...

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