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MILLER v. SCHOENE

No. 199.

276 U.S. 272 (1928)

MILLER ET AL. v. SCHOENE.

Supreme Court of United States.

Decided February 20, 1928.

Attorney(s) appearing for the Case

Mr. Randolph Harrison, with whom Messrs. C.W. Bennick and D.O. Dechert were on the brief, for plaintiffs in error.

Mr. F.S. Tavenner, with whom Mr. John R. Saunders, Attorney General of Virginia, was on the brief, for defendant in error.

MR. JUSTICE STONE delivered the opinion of the Court.

Acting under the Cedar Rust Act of Virginia, Va. Acts 1914, c. 36, as amended by Va. Acts 1920, c. 260, now embodied in Va. Code (1924) as §§ 885 to 893, defendant in error, the state entomologist, ordered the plaintiffs in error to cut down a large number of ornamental red cedar trees growing on their property, as a means of preventing the communication of a...

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