ALABAMA v. ARIZONA

No. ___, original.

291 U.S. 286 (1934)

ALABAMA v. ARIZONA ET AL.

Supreme Court of United States.

Decided February 5, 1934.


Attorney(s) appearing for the Case

Mr. Wm. Logan Martin, with whom Mr. Thomas E. Knight, Attorney General of Alabama, and Mr. Perry W. Turner were on the brief, for plaintiff.

Mr. Wm. A. Schnader, Attorney General of Pennsylvania, and Mr. Raymond T. Nagle, Attorney General of Montana, argued the cause for the defendant States, and briefs were filed as follows: by Mr. Arthur T. LaPrade, for Arizona; Messrs. U.S. Webb and W.R. Augustine, for California; Messrs. Paul P. Prosser, Norris C. Bakke, and Allen Moore, for Colorado; Mr. Bert H. Miller, for Idaho; Messrs. Philip Lutz, Jr., and Joseph W. Hutchinson, for Indiana; Messrs. Edward L. O'Connor, Walter F. Maley, and J.M. Parsons, for Iowa; Messrs. Bailey P. Wootton and S.H. Brown, for Kentucky; Mr. Harry H. Peterson, for Minnesota; Messrs. Raymond T. Nagle and Jeremiah J. Lynch, for Montana; Messrs. William A. Stevens and Duane E. Minard, for New Jersey; Messrs. John J. Bennett, Jr., and Henry Epstein, for New York; Messrs. Dennis G. Brummitt and A.A.F. Seawell, for North Carolina; Messrs. John W. Bricker, W. Dale Dunifon, and Perry L. Graham, for Ohio; Mr. I.H. Van Winkle, for Oregon; Mr. Wm. A. Schnader, for Pennsylvania; Messrs. G.W. Hamilton, John W. Hanna, and E.P. Donnelly, for Washington; and Messrs. James E. Finnegan and J.E. Messerschmidt, for Wisconsin.


MR. JUSTICE BUTLER delivered the opinion of the Court.

For the purpose of invoking original jurisdiction as "to Controversies between two or more States" (Const., Art. III, § 2) Alabama lodged with the clerk and applied for leave to file a complaint against 19 States praying that the court adjudge invalid, because in violation of the commerce clause of the Federal Constitution, statutes by them respectively enacted to regulate or prohibit sales of articles produced...

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