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TEDROW v. A.T. LEWIS & SON DRY GOODS CO.

No. 357.

255 U.S. 98 (1921)

41 S.Ct. 303

65 L.Ed. 524

TEDROW, AS UNITED STATES DISTRICT ATTORNEY FOR THE DISTRICT OF COLORADO, v. A.T. LEWIS & SON DRY GOODS COMPANY ET AL.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

The Solicitor General, for appellant, in addition to the points made in the principal case, ante, 81, contended:

Mr. Charles E. Hughes and Mr. Clayton C. Dorsey, with whom Mr. Gerald Hughes was on the brief, for appellees.

Mr. William D. Guthrie, Mr. Benjamin F. Spellman and Mr. Bernard Hershkopf, by leave of court, filed a brief as amici curiae.

Mr. Wm. A. Glasgow, Jr., and Mr. Louis O. Van Doren, by leave of court, filed a brief as amici curiae.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

Various dealers in wearing apparel in the City of Denver filed their bill to enjoin the United States Attorney from instituting prosecutions against them under § 4 of the Lever Act on the ground that Congress had no power to adopt that section because a state of peace prevailed, or, if a state of war existed, the regulation of the price for which wearing apparel should be sold was beyond the authority...

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