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FARMERS' GIN CO. v. HAYES

Civ. No. 1296.

54 F.Supp. 43 (1943)

FARMERS' GIN CO. v. HAYES, State Director, Office of Price Administration of Oklahoma. BROWN, Price Administrator of Office of Price Administration, v. FARMERS' GIN CO. et al.

District Court, W. D. Oklahoma.

December 20, 1943.

Attorney(s) appearing for the Case

James F. Hatcher, of Chickasha, Okl., for plaintiff Garmers' Gin Co.

O. K. Wetzel and O. B. Martin, both of Oklahoma City, Okl., and A. M. Dreyer and George Austin, both of Washington, D. C., for defendants Rex A. Hayes and Prentiss M. Brown.

Floyd Green and S. H. King, both of Oklahoma City, Okl., for intervener Oklahoma Corporation Commission.

Clarence McElroy, of Chickasha, Okl., for Chickasha Cotton Oil Co.

W. A. Lybrand, of Oklahoma City, Okl., for various other intervening cotton oil mill companies.

Before MURRAH, Circuit Judge, and VAUGHT and CHANDLER, District Judges.

MURRAH, Circuit Judge.

The first question presented for decision is whether this case is one cognizable by a three judge court under Section 266, Jud. Code, 28 U.S.C.A. § 380, and the question is squarely presented by the following pertinent facts which appear upon the face of the pleadings.

On August 11, 1943, in pursuance of authority granted by Section 2 of the Emergency Price Control Act of 1942, 50 U.S. C.A.Appendix § 902, Pub. 421, 77th Congress...

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