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W.A. BARBER GROCERY CO. v. FLEMING

No. 28,664.

229 Ind. 140 (1951)

96 N.E.2d 108

W.A. BARBER GROCERY CO., INC., ET AL. v. FLEMING, SECRETARY OF STATE, ET AL.

Supreme Court of Indiana.

Filed January 11, 1951.

Attorney(s) appearing for the Case

Anderson, Lesow & Gemmer, and Dailey, Dailey & Lesh, all of Indianapolis, for appellants.

J. Emmett McManamon, Attorney General; Frank E. Coughlin, Harold V. Whitelock and Norman J. Beatty, Deputy Attorneys General, for appellees.

JASPER, J.

This is an action brought by appellants seeking a declaratory judgment that chapter 258 of the Acts of 1949 be declared unconstitutional, and for an injunction against the enforcement thereof, and to declare the validity of chapter 169 of the Acts of 1949. Appellants' complaint was filed in three paragraphs, to each of which paragraphs appellees filed answer. The judgment of the trial court declared that chapter 169 of the Acts of 1949 is a valid amendatory...

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