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LEMKE v. FARMERS GRAIN CO.

No. 456.

258 U.S. 50 (1922)

LEMKE, AS ATTORNEY GENERAL OF THE STATE OF NORTH DAKOTA, ET AL. v. FARMERS GRAIN COMPANY OF EMBDEN, NORTH DAKOTA.

Supreme Court of United States.

Decided February 27, 1922.

Attorney(s) appearing for the Case

Mr. Seth W. Richardson, with whom Mr. William Lemke, Attorney General of the State of North Dakota, Mr. Karl Knox Gartner and Mr. George K. Foster were on the briefs, for appellants.

Mr. David F. Simpson, with whom Mr. W.A. McIntyre, Mr. O.B. Burtness, Mr. Sveinbjorn Johnson, Mr. William A. Lancaster, Mr. John Junell, Mr. James E. Dorsey and Mr. Harold G. Simpson were on the brief, for appellee.

MR. JUSTICE DAY delivered the opinion of the court.

This suit was brought by the complainant, a cooperative association incorporated under the laws of North Dakota, and engaged in the business of operating a public elevator and warehouse for the purchase, sale, distribution and storage of wheat, oats, rye, barley, seeds and flax at the village of Embden in that State. The association retains no profit. If there is a surplus over operating expenses at the close of...

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