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HIGHLAND FARMS DAIRY v. AGNEW

No. 363.

16 F.Supp. 575 (1936)

HIGHLAND FARMS DAIRY, Inc., et al. v. AGNEW et al.

District Court, E. D. Virginia.

October 3, 1936.

Attorney(s) appearing for the Case

Hunton, Williams, Anderson, Gay & Moore, of Richmond, Va., and Philip W. Rosenfeld, of Washington, D. C. (E. Randolph Williams, T. Justin Moore, and Stephen H. Simes, all of Richmond, Va., of counsel), for plaintiffs.

Edwin H. Gibson, Asst. Atty. Gen., and John S. Barbour, of Fairfax, Va., for defendants.

Before SOPER, Circuit Judge, and WAY and POLLARD, District Judges.

SOPER, Circuit Judge.

The plaintiffs in this suit in equity challenged the constitutionality of the Virginia Milk and Cream Act, chapter 357 of the Acts of the General Assembly of Virginia of 1934, and prayed for a temporary and permanent injunction enjoining the members of the State Milk Commission, a body created by the act, from exercising the powers therein conferred upon it. A court of three judges was organized under the provisions of 28 U.S.C.A. § 380...

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