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QUAKER BAKING CO. v. HERRING

No. 4498.

3 F.Supp. 118 (1933)

QUAKER BAKING CO. et al. v. HERRING, Governor of Iowa, et al.

District Court, S. D. Iowa, Central Division.

March 29, 1933.

Attorney(s) appearing for the Case

Frederick W. Lehmann, Jr., of Des Moines, Iowa, Harold D. Le Mar, of Omaha, Neb., and John C. Grover, of Kansas City, Mo., for plaintiffs.

E. L. O'Connor, Atty. Gen., and Walter F. Maley and Le Roy A. Rader, Assts. Atty. Gen., for defendants.

Before KENYON, Circuit Judge, and SCOTT and DEWEY, District Judges.

DEWEY, District Judge.

The action seeks to have declared unconstitutional sections 3244-b1 to 3244-b6, chapter 161, Code of Iowa 1931, of the statutes of the state of Iowa, so far as they apply to maximum variations and tolerances in the weight of bread.

A temporary restraining order was issued on January 28, 1933, pending a hearing upon an application for a temporary injunction; and by the order the application for a temporary injunction was set for hearing...

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