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PENN v. GLENN

No. 896.

10 F.Supp. 483 (1935)

PENN et al. v. GLENN, Collector of Internal Revenue, et al.

District Court, W. D. Kentucky.

April 13, 1935.

Attorney(s) appearing for the Case

Stoll, Muir, Townsend & Park, of Lexington, Ky., for plaintiffs.

T. J. Sparks, U. S. Atty., of Louisville, Ky., Frank J. Wideman, Asst. Atty. Gen., Alexander Holtzoff and Robert N. Anderson, Sp. Assts. to Atty. Gen., and Seth Thomas, Solicitor, Department of Agriculture, Arthur C. Bachrach, John J. Abt, Donald B. McGuineas, and Jack I. Levy, all of Washington, D. C., Agricultural Adjustment Administration Division, for defendants.

DAWSON, District Judge.

This is a proceeding under the Federal Declaratory Judgment Act of June 14, 1934 (adding section 274d to Judicial Code, section 400, title 28 USCA) to secure a judicial declaration that the Act of June 28, 1934, commonly known as the Kerr-Smith Tobacco Control Act (7 USCA §§ 751-766), is unconstitutional; to enjoin the defendant Glenn, as collector of internal revenue, from collecting or undertaking to collect from the plaintiffs...

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