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PHILLIPS CHEMICAL COMPANY v. UNITED STATES

No. 5342.

238 F.2d 414 (1956)

PHILLIPS CHEMICAL COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 12, 1956.

Attorney(s) appearing for the Case

D. E. Hodges, Bartlesville, Okl. (Rayburn L. Foster, Harry D. Turner and Darlene G. Anderson, Bartlesville, Okl., with him on the brief), for appellant.

Katherine H. Johnson, Washington, D. C. (George Cochran Doub and Samuel D. Slade, Washington, D. C., with her on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal by Phillips Chemical Company from a judgment in the Northern District of Oklahoma in a suit by the government for overcharges in the sale of ammonium nitrate in violation of the General Price Ceiling Regulations (16 F.R. 808) under the Defense Production Act of 1950, 50 U.S.C.A.Appendix, § 2061 et seq.

Sustaining the government's motion for a summary judgment, the trial court held that the appellant had violated...

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