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CENTRAL LUMBER CO. v. SOUTH DAKOTA

No. 51.

226 U.S. 157 (1912)

33 S.Ct. 66

57 L.Ed. 164

CENTRAL LUMBER COMPANY v. STATE OF SOUTH DAKOTA.

Supreme Court of United States.

Decided December 2, 1912.

Attorney(s) appearing for the Case

Mr. David F. Simpson, with whom Mr. L.L. Brown, Mr. Wm. A. Lancaster and Mr. Milton D. Purdy were on the brief, for plaintiff in error.

Mr. Royal C. Johnson, Attorney General of the State of South Dakota, Mr. Samuel W. Clark and Mr. James M. Brown, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

The plaintiff in error was found guilty of unfair discrimination under Session Laws of South Dakota for 1907, c. 131, and was sentenced to a fine of two hundred dollars and costs. It objected in due form that the statute was contrary to the Fourteenth Amendment, but on appeal the judgment of the trial court was sustained. 24 So. Dak. 136. By the statute anyone "Engaged in the production, manufacture or distribution...

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