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UNITED STATES v. P & D COAL MINING CO.

No. 16349.

358 F.2d 619 (1966)

UNITED STATES of America, Plaintiff-Appellant, v. P & D COAL MINING CO., Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 28, 1966.

Attorney(s) appearing for the Case

Walter H. Fleischer, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., William E. Scent, U. S. Atty., Louisville, Ky., on brief, for appellant.

John P. Sandidge, Louisville, Ky., Fielden Woodward, Woodward, Hobson & Fulton, Louisville, Ky., on brief, for appellee.

Before PHILLIPS and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

The above cause came on to be heard on the record and briefs of the parties, and the argument of counsel in open court. It appears that a contract was entered into between the National Lead Company and the P & D Coal Mining Company, in which it was agreed that, for a certain price, the Coal Company would deliver coal which was to be used by the United States Atomic Energy Commission....

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