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MONTGOMERY WARD & CO. v. NATIONAL WAR LABOR BOARD

No. 43.

56 F.Supp. 502 (1944)

MONTGOMERY WARD & CO. v. NATIONAL WAR LABOR BOARD.

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

June 15, 1944.

Attorney(s) appearing for the Case

Henry F. Butler, of Washington, D. C., and Stuart S. Ball and John A. Barr, both of Chicago, Ill., for plaintiff.

Francis M. Shea, Asst. Atty. Gen., and Edward M. Curran, U. S. Atty., of Washington, D. C. (Joseph A. Fanelli, Sp. Asst. to Atty. Gen., and Robert Burstein, Atty., Department of Justice, of Washington, D. C., of counsel), for defendant.

GOLDSBOROUGH, Justice (Oral Opinion).

THE COURT:

I haven't felt it necessary to think about the President's right to seize in a time of national emergency, but I am discussing principally the effect of this Executive Order No. 9370, Aug. 16, 1943.

The court has indicated that a national emergency would be sufficient, that because of a national emergency the Court would not grant a preliminary injunction, and if the question of preliminary injunction...

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