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HORTON v. HUMPHREY

Civ. A. No. 1038-56.

146 F.Supp. 819 (1956)

A. W. HORTON, John C. Fryer, and Camarge Trading Co., Inc., Plaintiffs, v. George M. HUMPHREY, Secretary of the Treasury, and United States Tariff Commission, Defendants.

United States District Court District of Columbia.

June 20, 1956.

Attorney(s) appearing for the Case

Sharp & Bogan, Washington, D. C., James R. Sharp, William J. Barnhard, Washington, D. C., of counsel, and Louis P. Haffer, Washington, D. C., for plaintiffs Horton, Fryer and Camarge Trading Co., Inc.

Albert A. Caretta, Caretta & Counihan, Washington, D. C., for Cast Iron Pipe, amicus curiae.

Herbert Brownell, Jr., Atty. Gen., George Cochran Doub, Asst. Atty. Gen., Oliver Gasch, U. S. Atty., Edward P. Troxell, Wm. F. Becker, Frank H. Strickler, Asst. U. S. Attys., Washington, D. C., Samuel Slade and John G. Laughlin, Attys., Dept. of Justice, Washington, D. C.

Before WASHINGTON, Circuit Judge, and WILKIN and McGUIRE, District Judges.

WASHINGTON, Circuit Judge.

Plaintiffs are importers of cast iron soil pipe from the United Kingdom. They are threatened with application of a "special dumping duty" under the Antidumping Act of 1921, as amended, 19 U.S.C.A. § 160 et seq. They ask a declaratory judgment that the Act is in violation of the United States Constitution, that certain procedures under the Act or under the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., have not been complied...

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