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UNITED STATES v. COHEN GROCERY CO.

No. 324.

255 U.S. 81 (1921)

UNITED STATES v. L. COHEN GROCERY COMPANY.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Louis B. Sher and Mr. Chester H. Krum for defendant in error.

Mr. William D. Guthrie, Mr. Benjamin F. Spellman and Mr. Bernard Hershkopf, by leave of court, filed a brief as amici curiae.

Mr. John A. Marshall, Mr. D.N. Straup, Mr. Joel F. Nibley and Mr. Thomas Marioneaux, by leave of court, filed a brief as amici curiae.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

Required on this direct appeal to decide whether Congress under the Constitution had authority to adopt § 4 of the Lever Act as reenacted in 1919, we reproduce the section so far as relevant (Act of October 22, 1919, c. 80, § 2, 41 Stat. 297):

"That it is hereby made unlawful for any person willfully . .. to make any unjust or unreasonable rate or...

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