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UNITED STATES v. UNITED STATES DISTRICT COURT

No. 7311.

238 F.2d 713 (1956)

UNITED STATES of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA, and the Honorable Ben Moore, Judge of the United States District Court for the Southern District of West Virginia, Respondents.

United States Court of Appeals Fourth Circuit.

Decided November 13, 1956.

Writ of Certiorari Denied January 21, 1957.

Attorney(s) appearing for the Case

Victor H. Kramer, Trial Attorney, Anti-Trust Division, Department of Justice, Washington, D. C. (Victor R. Hansen, Asst. Atty. Gen., Charles H. Weston, Harry E. Pickering and Ernest L. Folk, III, Attorneys, Department of Justice, Washington, D. C., on brief), in support of petition for writ of mandamus.

Homer A. Holt and Dale G. Casto, Charleston, W. Va. (Kay, Casto & Chaney, Charleston, W. Va., Steptoe & Johnson, Clarksburg, W. Va., Stanley C. Morris, Jackson, Kelly, Holt & O'Farrell, Payne, Minor, Ray, Price & Loeb, Charleston, W. Va., John V. Ray, and John T. Keenan, Charleston, W. Va., on brief), in opposition to petition for writ of mandamus.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

Writ of Certiorari Denied January 21, 1957. See 77 S.Ct. 382.

PARKER, Chief Judge.

This is an application by the United States for a writ of mandamus directed to the Judge of the United States District Court for the Southern District of West Virginia. The application relates to action taken by the District Judge in proceedings wherein a grand jury of the District was making investigation to determine whether indictments for violation of the federal anti-trust...

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