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GIBSON CANNING CO. v. AMERICAN CAN CO.

No. 278.

1 F.Supp. 242 (1932)

GIBSON CANNING CO. v. AMERICAN CAN CO.

District Court, E. D. Illinois.

September 26, 1932.

Attorney(s) appearing for the Case

Gunn, Penwell & Lindley, of Danville, Ill., and Solon J. Carter, Matson Ross, McCord & Clifford, and Bachelder & Bachelder, all of Indianapolis, Ind., for plaintiff.

Acton, Acton & Baldwin, and Allen & Dalbey, all of Danville, Ill., for defendant.

LINDLEY, District Judge.

This is a demurrer to plaintiff's declaration upon the statute copied in the footnote,1 upon the ground that the declaration is insufficient in that it does not negative the proviso of the statute. It is insisted that exceptions and provisos contained in the same section as the enacting provisions must be negatived in the declaration.

It has been asserted by reputable authority that exceptions and provisions...

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