UNITED STATES v. WHITLEY

No. 766.

8 F.Supp. 191 (1934)

UNITED STATES v. WHITLEY.

District Court, N. D. Georgia, Atlanta Division.

August 18, 1934.


Attorney(s) appearing for the Case

Irwin Geiger, Sp. Counsel, National Recovery Administration, of Washington, D. C., and M. Neil Andrews, Asst. Dist. Atty., of Atlanta, Ga., for the United States.

Hewlett & Dennis, Hal Lindsay, and Howell & Post, all of Atlanta, Ga., for defendant.


SIBLEY, Circuit Judge (after stating the facts as above).

On the motion to dismiss the bill: The National Industrial Recovery Act, in section 3 (15 USCA § 703), expressly invests the District Court with jurisdiction to restrain violations. This bill alleges that the code was approved and violated and prays an injunction against the continued violation. I do not see where there is any possibility of the court lacking jurisdiction, although what the merits of the...

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