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MITCHELL v. EMPIRE GAS ENGINEERING COMPANY

No. 16785.

256 F.2d 781 (1958)

James P. MITCHELL, Secretary of Labor, United States Department of Labor, Appellant, v. EMPIRE GAS ENGINEERING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

June 30, 1958.

Attorney(s) appearing for the Case

Bessie Margolin, Asst. Sol., Stuart Rothman, Sol., Harry M. Leet, Atty., Dept. of Labor, Washington, D. C., Beverley R. Worrell, Regional Atty., Birmingham, Ala., for appellant.

Thomas T. Purdom, Decatur, Ga., James C. Grizzard, Atlanta, Ga., Grant & Grizzard, Atlanta, Ga., of counsel, for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

Some of the facts presenting the controversy out of which this appeal arises are not in dispute. The Homestead Army Air Base at Homestead, Dade County, Florida, was constructed during World War II and was used by the Army during the war with aircraft flights between the field and other states and other countries. The base was damaged by a hurricane in September, 1945. In November, 1946, control of the Base was transferred to War Assets Administration...

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