THE BEST FOODS v. WELCH

Nos. 1488-1491.

34 F.2d 682 (1929)

THE BEST FOODS, Inc., v. WELCH, Commissioner of Agriculture of Idaho, et al., and three other cases.

District Court, D. Idaho, S. D.

August 28, 1929.


Attorney(s) appearing for the Case

Hawley & Hawley, of Boise, Idaho, for complainants.

W. D. Gillis, Atty. Gen., and Leon M. Fisk, Asst. Atty. Gen., for defendants.

Before DIETRICH, Circuit Judge, and NETERER and CAVANAH, District Judges, as a statutory three-judge court.


NETERER, District Judge (after stating the facts).

The court judicially knows that Idaho is 83,888 square miles in area, two-thirds of which is virgin timber. Much of the balance of the land is adapted to agricultural and pastoral pursuits. The cows, and the lands devoted in support of dairying, in the state are burdened with taxes for the maintenance of state and local governments, and this includes police protection to those engaged in the sale of oleomargarine...

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