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KROGER GROCERY CO. v. LUTZ

No. 501.

299 U.S. 300 (1936)

KROGER GROCERY & BAKING CO. v. LUTZ, ATTORNEY GENERAL OF INDIANA, ET AL.

Supreme Court of United States.

Decided December 21, 1936.

Attorney(s) appearing for the Case

Mr. Robert S. Marx, with whom Messrs. Frank E. Wood and Harry Kasfir were on the brief, for appellant.

Mr. Philip Lutz, Jr., Attorney General of Indiana, Mr. Joseph W. Hutchinson, Assistant Attorney General, and Mr. Urban C. Stover, First Deputy Attorney General, were on the brief for appellees.

PER CURIAM.

Complainant brought this suit to restrain the enforcement of an order of the Milk Control Board of the State of Indiana, made June 12, 1936, fixing selling prices of milk in the Fort Wayne Marketing Area. Upon the hearing by three judges (28 U.S.C. 380) of a motion for a preliminary injunction, the District Court dismissed the cause for the want of jurisdiction upon the ground that the requisite jurisdictional amount was not involved. The court made the...

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