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CITY OF INDIANAPOLIS v. WHEELER

No. 8015.

132 F.2d 879 (1943)

CITY OF INDIANAPOLIS v. WHEELER, Acting Director, Bituminous Coal Div. of Dept. of Interior, et al.

Circuit Court of Appeals, Seventh Circuit.

January 29, 1943.

Attorney(s) appearing for the Case

Wm. H. Thompson, Perry E. O'Neal, and Patrick J. Smith, all of Indianapolis, Ind. (Edward H. Knight, Corp. Counsel, and Michael B. Reddington, City Atty., both of Indianapolis, Ind., of counsel), for petitioner.

Freedman, and Erwin B. Ellmann and Jerome H. Simonds, Attys., Bituminous Coal Division, all of Washington, D. C., for respondent.

Burr Tracy Ansell, Roger Robb and Ansell, Ansell & Marshall, all of Washington, D. C., for District Board 8.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This is a petition to review an order of the Bituminous Coal Division of the United States Department of the Interior, dismissing petitioner's application for exemption from the provisions of Section 4 of the Bituminous Coal Act of 1937, 50 Stat. 72, 15 U.S.C.A. § 828 et seq.

On May 7, 1940, the City of Indianapolis, a municipal corporation of the State of Indiana, filed its application, pursuant to the provisions of Section 4-A...

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