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WEED & CO. v. LOCKWOOD

No. 407.

255 U.S. 104 (1921)

C.A. WEED & COMPANY v. LOCKWOOD, AS UNITED STATES ATTORNEY FOR THE WESTERN DISTRICT OF NEW YORK.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Simon Fleischmann, with whom Mr. Edward L. Jellinek, Mr. Martin Clark, Mr. James O. Moore and Mr. John W. Ryan were on the brief, for appellant.

The Solicitor General for appellee.

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

An indictment having been returned against the appellant in the court below for violating the fourth section of the Lever Act by selling wearing apparel at an unjust or unreasonable rate or charge, it filed its bill in that court praying that the United States Attorney be enjoined from proceeding with the prosecution, assigning, as grounds for the injunction, that the section was void because a regulation...

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