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STUTZ v. BUREAU OF NARCOTICS, ETC.

Nos. 4926, 4938.

56 F.Supp. 810 (1944)

STUTZ et al. v. BUREAU OF NARCOTICS OF DEPARTMENT OF TREASURY OF UNITED STATES et al. SCHWEIN et al. v. SAME.

District Court, N. D. California, N. D.

August 28, 1944.

Attorney(s) appearing for the Case

Devlin & Devlin & Diepenbrock and Horace B. Wulff, all of Sacramento, Cal., for plaintiffs.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., Emmet J. Seawell, Asst. U. S. Atty., of Sacramento, Cal., and B. T. Mitchell, Asst. Chief Counsel, U. S. Bureau of Narcotics, of Washington, D. C., for defendants.

Before MATHEWS, Circuit Judge, and WELSH and GOODMAN, District Judges.

WELSH, District Judge.

These are companion cases, involving the same issues and heard together upon the plaintiffs' applications for preliminary injunction and the defendants' motions to dismiss.

The plaintiffs are growers within the State of California of the blue seeded poppy of the species known botanically as Papaver Somniferum. They are cultivating these poppies for their seed, an edible food product commercially profitable to the producer. Other parts...

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