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UNITED STATES v. HEMPHILL

No. 11047.

369 F.2d 539 (1966)

UNITED STATES of America and The Honorable W. Willard Wirtz, Secretary of Labor of the United States, Petitioners, v. The Honorable Robert W. HEMPHILL, District Judge of the United States District Court for the District of South Carolina, Respondent. C.L.C., Inc., a corporation, Southeastern Reconditioning Center, Inc., a corporation, Raymond McIver Clanton, and James Corbett Clanton, Jr., Intervenors.

United States Court of Appeals Fourth Circuit.

Decided November 25, 1966.

Attorney(s) appearing for the Case

David L. Rose, Atty., Dept. of Justice, (Barefoot Sanders, Asst. Atty. Gen., and Richard S. Salzman, Atty., Dept. of Justice, Terrell L. Glenn, U. S. Atty., Charles Donohue, Sol., Bessie Margolin, Associate Sol., and Beverly R. Worrell, Regional Atty., Dept. of Labor, on petition) for petitioners.

LeRoy M. Want, Darlington, S. C., and Alvin A. Coleman, Jr., Florence, S. C., (Kilgo & Want, Darlington, S. C., and Wright, Scott, Blackwell & Powers, Florence, S. C., on memorandum) for intervenors.

Before HAYNSWORTH, Chief Judge, and J. SPENCER BELL and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge:

The matter comes before this Court upon a Petition for a Writ of Mandamus or Prohibition to be directed to the Honorable Robert W. Hemphill, District Judge of the United States District Court for the District of South Carolina. It arises out of an order directed to the Secretary of Labor of the United States, requiring him to appear in person in the District Court to show cause why he should not be held in contempt for having refused, under...

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