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FLEMING v. CHARLES L. HARNEY CONST. CO.

No. 10062.

177 F.2d 65 (1949)

FLEMING et al. v. CHARLES L. HARNEY CONST. CO.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1949.

Writ of Certiorari Denied December 5, 1949.

Attorney(s) appearing for the Case

Messrs. Frederick W. Smith, Attorney, Department of Justice, Washington, D. C., with whom A. Devitt Vanech, Assistant Attorney General, and Roger T. Marquis, Attorney, Department of Justice, Washington, D. C., were on the brief, for appellants.

Mr. Harold Leventhal, Washington, D. C., with whom Mr. John J. Courtney, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, CLARK, and PROCTOR, Circuit Judges.

Writ of Certiorari Denied December 5, 1949. See 70 S.Ct. 242.

CLARK, Circuit Judge.

This is an appeal taken from the judgment of the District Court granting summary judgment for appellee, Charles L. Harney Construction Company, and declaring appellee "to be in possession of and eligible to exercise the right of a former owner, as provided by Section 23 of the Surplus Property Act of 1944, both as originally enacted and as amended, 50 U.S. C.A.Appendix, §...

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