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BIRKHEISER v. CITY OF LOS ANGELES

No. 725.

11 F.Supp. 689 (1935)

BIRKHEISER et al. v. CITY OF LOS ANGELES et al.

District Court, S. D. California, C. D.

August 15, 1935.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, H. F. Prince, Newlin & Ashburn, C. J. Harrison, Bauer, Macdonald, Schultheis & Pettit, and Fred E. Pettit, Jr., all of Los Angeles, Cal., for plaintiffs.

Ray L. Cheseboro, City Atty., of Los Angeles, Cal., Clyde P. Harrell, Jr., John L. Bland, Wm. Christensen, and Victor P. Spero, Deputy City Attys., all of Los Angeles, Cal., for defendants.

Loren A. Butts, of Los Angeles, Cal., amicus curiæ.

McCORMICK, District Judge.

This suit in equity involves the validity of a penal ordinance of the city of Los Angeles that declares unlawful and punishes by fine and imprisonment the delivery of any milk, cream, or buttermilk to any residence or domicile of any person except between the hours of 8 a. m. and 7 p. m. of any day. Deliveries of such dairy products to stores, public eating enterprises, or other places of business, when such products are to be processed...

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