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action affirmed alleged amended appellant appellant's appellee application argues assets Asst back pay bargaining Board cert charge Chief Judge Circuit Judge Cite as 399 claim Commission Commissioner Company conclusion constitutional contract conviction corporation counsel counts Court of Appeals Criminal Law Ct.Cl decision deduction defendant defendant's denied determination District Court District Judge drilling employees evidence F.Supp fact federal filed finding germanium habeas corpus Harrison County hearing held income interest Internal Revenue Internal Revenue Code issue judgment jury L.Ed liability ment motion NLRB officer operation opinion P-N junction parties patent person petition petitioner plaintiff prior art proceedings question reason record remanded rule S.Ct sentence sion Stat statement statute summary judgment supra Supreme Court taxpayer testimony tion transaction trial court trial judge U. S. Atty union United States Court United States District usufruct violation Washington