SPIELMAN MOTOR CO. v. DODGE

No. 567.

295 U.S. 89 (1935)

SPIELMAN MOTOR SALES CO., INC. v. DODGE, DISTRICT ATTORNEY.

Supreme Court of United States.

Decided April 29, 1935.


Attorney(s) appearing for the Case

Mr. Isadore Paul argued the cause and Mr. S. Frederick Placer filed a brief for appellant.

Mr. Karl D. Loos, with whom Messrs. David Blitzer, Harold H. Straus, Stanley Osserman, Eugene Roth, and Burton A. Zorn were on the brief, for appellee.

Mr. Henry Epstein, Solicitor General of New York, with whom Mr. John J. Bennett, Jr., Attorney General, and Messrs. Eugene F. Roth and Burton A. Zorn were on the brief, for the State of New York.


MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

Appellant, a retail dealer in automobiles in the City of New York, brought this suit to restrain the District Attorney of New York County from instituting a criminal prosecution for alleged violation of the "Code of Fair Competition for the Motor Vehicle Retailing Trade." Appellant alleged that he was threatened with prosecution under Chapter 781 of the Laws of 1933...

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