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S. H. KRESS & CO. v. JOHNSON

No. 10567.

16 F.Supp. 5 (1936)

S. H. KRESS & CO. et al. v. JOHNSON, Governor of Colorado, et al.

District Court, D. Colorado.

July 24, 1936.

Attorney(s) appearing for the Case

Paul W. Lee, George H. Shaw, and Donald C. McCreery, all of Denver, Colo., for plaintiffs.

Paul P. Prosser, Atty. Gen., Norris C. Bakke, Deputy Atty. Gen., and Hudson Moore, of Denver, Colo., for defendants.

Before PHILLIPS and McDERMOTT, Circuit Judges, and VAUGHT, District Judge.

PHILLIPS, Circuit Judge.

This is a suit to enjoin the defendants from enforcing, as against the plaintiffs, chapter 118, p. 433, Colo.Sess.Laws 1935, set out in Appendix A to this opinion, and particularly the provisions thereof defining a restaurant and requiring a license to operate a restaurant, on the ground the act abridges the privileges and immunities of plaintiffs as citizens of the United States, deprives them of their property without due process of law...

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