LEVISA STONE CORPORATION v. ELKHORN STONE COMPANY

No. 18931.

411 F.2d 1208 (1969)

LEVISA STONE CORPORATION and Johnson Brothers Limestone Company, Plaintiffs-Appellants, v. ELKHORN STONE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 19, 1969.


Attorney(s) appearing for the Case

James F. Fitzpatrick, Washington, D. C., Arnold & Porter, Washington, D. C., O. T. Hinton, Pikeville, Ky., on brief, for appellants.

Francis D. Burke, Pikeville, Ky., Francis D. Burke, Burke & Justice, Pikeville, Ky., on brief, for appellee.

Before O'SULLIVAN, PHILLIPS and CELEBREZZE, Circuit Judges.


CELEBREZZE, Circuit Judge.

This controversy arose as a result of the Secretary of Commerce granting loans and other financial assistance to Appellee pursuant to the Public Works and Economic Development Act of 1965, 42 U.S.C. § 3121 et seq., to enable Appellee to enter the crushed limestone market in southeastern Kentucky.

Appellants, who are presently crushing limestone in this area, sued Appellee and the Secretary of Commerce separately in the United...

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