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MAYO v. UNITED STATES

No. 726.

319 U.S. 441 (1943)

63 S.Ct. 1137

87 L.Ed. 1504

MAYO ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided June 1, 1943.

Attorney(s) appearing for the Case

Messrs. Wm. C. Pierce and James H. Millican, Jr., Assistant Attorney General of Florida, with whom Messrs. J. Tom Watson, Attorney General of Florida, and H.E. Carter were on the brief, for appellants.

Assistant Attorney General Shea, with whom Solicitor General Fahy and Messrs. Sidney J. Kaplan, Martin Norr and Richard S. Salant were on the brief, for the United States.

Messrs. William N. McQueen, Acting Attorney General of Alabama, Eugene Stanley, Attorney General of Louisiana, Harry McMullan, Attorney General of North Carolina, and Thomas J. Herbert, Attorney General of Ohio, on behalf of their respective States, as amici curiae, adopted the brief of appellants.

MR. JUSTICE REED delivered the opinion of the Court.

This record presents for review the action of a specially constituted district court in enjoining, on final hearing, the Commissioner of Agriculture of the State of Florida and his agents from enforcing against the United States the provisions of the Florida Commercial Fertilizer Law. Judicial Code, § 266 and 238.

By this Florida act the sale or distribution of commercial fertilizer is comprehensively...

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