UNITED STATES v. SUTHERLAND

No. 2552.

9 F.Supp. 204 (1934)

UNITED STATES v. SUTHERLAND et al.

District Court, W. D. Missouri, W. D.

December 27, 1934.


Attorney(s) appearing for the Case

Maurice M. Milligan, U. S. Dist. Atty., and Samuel Carmean, Asst. U. S. Dist. Atty., both of Kansas City, Mo., and A. W. De Birny, Regional Litigation Atty., of Chicago, Ill., for the United States.

I. N. Watson, Paul Barnett, Elton L. Marshall and Henry N. Ess, all of Kansas City, Mo., for defendants.


OTIS, District Judge.

The prime question for decision is whether the Congress has power to fix or to authorize executive officers to fix minimum prices below which a retail lumber dealer may not sell lumber products. It is restricted to the case of a dealer whose stock of lumber originated in states other than that in which his yard is located and who sells to some customers from other states who have come to his yard to purchase for cash and for delivery at the yard...

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