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SPIELMAN MOTOR SALES CO. v. DODGE

8 F.Supp. 437 (1934)

SPIELMAN MOTOR SALES CO., Inc., v. DODGE, Dist. Atty.

District Court, S. D. New York.

October 5, 1934.

Attorney(s) appearing for the Case

John J. Bennett, Jr., Atty. Gen. (Henry Epstein, Sol. Gen., of New York City, of counsel), for the Attorney General.

Miller, Paul & Placer, of New York City (S. Frederick Placer and Isadore Paul, both of New York City, of counsel), for complainant.

David Blitzer, Asst. Dist. Atty., and Harold H. Straus, Sp. Asst. to Dist. Atty., both of New York City (Stanley Osserman, of New York City, of counsel), for defendant.

Eugene Frederick Roth, Asst. Counsel, Litigation Division, National Recovery Administration, of New York City, amicus curiæ.

Before MANTON, Circuit Judge, and PATTERSON and HULBERT, District Judges.

MANTON, Circuit Judge.

This suit, heard before a court convened pursuant to title 28, § 380, United States Code (28 USCA § 380), seeks to enjoin the enforcement of chapter 781 of the Laws of 1933 of New York (Ex. Sess.), because, it is said, the statute violates the Federal Constitution (Fourteenth Amendment) and the New York state Constitution (article 3, § 17). The act is said to violate the latter because it constitutes an invalid delegation of legislative...

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