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KELLEHER v. FRENCH

22 F.2d 341 (1927)

KELLEHER v. FRENCH, State Entomologist.

District Court, W. D. Virginia.

October 29, 1927.

Attorney(s) appearing for the Case

Randolph Harrison, of Lynchburg, Va., D. O. Dechert, of Harrisonburg, Va., and M. L. Walton, Jr., of Woodstock, Va. (Harrison, Long & Williams, of Lynchburg, Va., on the brief), for complainant.

John R. Saunders, Atty. Gen., of Virginia, F. S. Tavenner, of Woodstock, Va., and Geo. N. Conrad, of Harrisonburg, Va., for defendant.

Before PARKER and NORTHCOTT, Circuit Judges, and McDOWELL, District Judge.

PARKER, Circuit Judge.

This suit was instituted to enjoin the state entomologist of Virginia from enforcing against complainant the provisions of the Virginia "Cedar Rust" Law. Laws 1914, c. 36. Complainant applied for a preliminary injunction which was denied. Kelleher v. Schoene (D. C.) 14 F.2d 341. The case is now before us on final hearing. G. T. French, who has succeeded W. J. Schoene as state entomologist, has been substituted...

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