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UNITED STATES v. WHITE COUNTY BRIDGE COMMISSION

No. 12730.

275 F.2d 529 (1960)

UNITED STATES of America and White County Bridge Commission ex rel. United States of America, Plaintiffs-Appellants, v. WHITE COUNTY BRIDGE COMMISSION; Roy Clippinger, Former Manager and Commissioner; J. Madison Pomeroy, Commissioner; Lenna A. Kern, Administrator of the Estate of Julius C. Kern, Former Commissioner; and Carmi Times Publishing Company, a Corporation, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 21, 1960.

Attorney(s) appearing for the Case

Samuel D. Slade, Sherman L. Cohn, Attys., Appellate Section, U. S. Dept. of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., C. M. Raemer, U. S. Atty., East St. Louis, Ill., for appellants.

Stewart A. Pearce, Kern & Pearce, Carmi, Ill., for Estate of Kern.

Hurshal C. Tummelson, Jr., Enos L. Phillips, Urbana, Ill., for Roy Clippinger and Carmi Times Pub. Co.

John P. Wham, Charles Wham, Centralia, Ill., Albert W. McCallister, Stewart A. Pearce, Carmi, Ill., for White County Bridge Commission.

Ivan A. Elliott, Jr., of Conger & Elliott, Carmi, Ill., for J. Madison Pomeroy.

Before HASTINGS, Chief Judge, DUFFY, Circuit Judge, and GRUBB, District Judge.

GRUBB, District Judge.

This is an appeal from a dismissal of the complaint in an action instituted by the United States Attorney, on behalf of the named plaintiffs, seeking a money judgment, removal from office of defendant Pomeroy, and for any other relief the court may deem just and proper.

The White County Bridge Commission was created by Congress, Act of April 12, 1941, Public Law 37, 55 Stat. 140, for the purpose of acquiring, maintaining, and operating...

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