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CAPITOL COAL SALES v. MITCHELL

Civ. A. 401-58.

164 F.Supp. 161 (1958)

CAPITOL COAL SALES, Capitol Coal Sales, Inc., and Raymond Asbury, Maurice Asbury and Lee Asbury, doing business as Asbury Coal Company, Plaintiffs, v. James P. MITCHELL, Secretary of Labor, and Joseph Campbell, Comptroller General et al., Defendants.

United States District Court District of Columbia.

July 15, 1958.

Attorney(s) appearing for the Case

Noone & Noone, Chattanooga, Tenn., John P. Bankson, Jr., Miller & Schroeder, Washington, D. C., for plaintiffs.

George Cochran Doub, Asst. Atty. Gen., and Donald B. MacGuineas and Arthur H. Fribourg, Attys., Dept. of Justice, Washington, D. C., and Stuart Rothman, Solicitor, John J. Babé, Asst. Solicitor, and James M. Miller and William A. Lowe, Attys., Dept. of Labor, Washington, D. C., for defendants.

MORRIS, District Judge.

This action, for a declaratory judgment and injunctive relief, was brought by the plaintiff Capitol Coal Sales in the United States District Court for the Eastern District of Tennessee, and transferred by that Court, upon the motion of said plaintiff for a change of venue, to this Court pursuant to 28 U.S.C. Sec. 1406(a).

Pursuant to motion of plaintiff, memorandum of points and authorities, affidavit, exhibit, and argument of counsel...

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