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GEORGE v. MITCHELL

No. 15555.

282 F.2d 486 (1960)

R. C. GEORGE, d/b/a Capitol Coal Sales, Capitol Coal Sales, Inc.; and Raymond Asbury, et al., d/b/a Asbury Coal Company, Appellants v. James P. MITCHELL, Secretary of Labor, et al., and Joseph Campbell, Comptroller General, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1960.

Petition for Rehearing Denied September 8, 1960.

As Amended October 14, 1960.

Attorney(s) appearing for the Case

Messrs. Arthur G. Lambert, Washington, D. C., and Rourke J. Sheehan, Rockville, Md., for appellants. Mr. John P. Bankson, Jr., Washington, D. C., also entered an appearance for appellants.

Mr. David L. Rose, Attorney, Department of Justice, with whom Asst. Atty. Gen. George C. Doub, and Messrs. Oliver Gasch, U. S. Atty., Samuel D. Slade and Alan S. Rosenthal, Attorneys, Department of Justice, were on the brief, for appellees. Mr. Arthur H. Fribourg, Attorney, Department of Justice, also entered an appearance for appellees.

Before PHILLIPS, Senior United States Circuit Judge for the Tenth Circuit, and BAZELON and WASHINGTON, Circuit Judges.

Petition for Rehearing En Banc Denied September 8, 1960.

WASHINGTON, Circuit Judge.

Appellants brought suit against the Secretary of Labor, certain of his subordinates, and the Comptroller General of the United States, seeking a declaratory judgment by the District Court that certain contractual arrangements they had made with the Atomic Energy Commission were not within the coverage of the Walsh-Healey Act, 49 Stat. 2036 (1936), as amended, 41 U.S.C.A. &...

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