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BLUE STAR AUTO STORES v. FLEMING

Nos. 8769, 8770.

50 F.Supp. 928 (1941)

BLUE STAR AUTO STORES, Inc., v. FLEMING et al. DOUGLAS AUTO PARTS, Inc., v. SAME.

District Court of the United States for the District of Columbia.

February 24, 1941.

Attorney(s) appearing for the Case

Wilhartz & Hirsch, of Chicago, Ill., and Morris, KixMiller & Baar, of Washington, D. C., for plaintiff.

Gerard D. Reilly, Sol., of Washington, D. C., and Robert L. Stern, Sp. Asst. Atty. Gen., for Department of Labor.

BAILEY, Justice.

Treating the plaintiff's affidavit as stating the true facts wherever there is any contradiction by those of the defendants, I do not find that any justiciable controversy exists between the plaintiffs and the defendants. In the Douglas Auto Parts case, the chief incident relied upon by the plaintiff is the O'Malley letter, wherein he, as Regional Director, wrote to the plaintiff, inter alia, "A copy of this communication has been placed in the file...

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