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LAMBERT'S POINT DOCKS, INC. v. KENDALL

No. 668.

224 F.2d 284 (1955)

LAMBERT'S POINT DOCKS, Inc. v. Charles H. KENDALL, Assistant Director, Office of Defense Mobilization.

United States Emergency Court of Appeals.

Decided June 28, 1955.

Attorney(s) appearing for the Case

W. R. Ashburn, Norfolk, Va., with whom Frank E. Sellers and Sellers & Underwood, Norfolk, Va., were on the brief for complainant.

Katherine Hardwick Johnson, Attorney, Department of Justice, Washington, D. C., with whom Warren E. Burger, Asst. Atty. Gen., and Edward H. Hickey, Chief General Litigation Section, Department of Justice, Washington, D. C., and James A. Durham, Special Counsel, and Pauline B. Heller, Special Counsel, Office of Defense Mobilization, Washington, D. C., were on the brief for respondent.

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

Heard at Washington, D. C., May 18, 1955.

MAGRUDER, Judge.

Though it is to be regretted at this late stage in the proceeding, we are constrained to the conclusion that the complaint must be dismissed for lack of jurisdiction.

The case comes to us by direct complaint under § 408(d) (1) of the Defense Production Act of 1950, as amended, 66 Stat. 303, 50 U.S.C.A.Appendix, § 2108, pursuant to leave granted to complainant by order of a United...

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