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PREMIER-PABST SALES CO. v. McNUTT

No. 1580.

17 F.Supp. 708 (1935)

PREMIER-PABST SALES CO. et al. v. McNUTT, Governor, et al.

District Court, S. D. Indiana, Indianapolis Division.

February 18, 1935.

Attorney(s) appearing for the Case

Nagel, Kirby, Orrick & Shepley, of St. Louis, Mo., Donnelly, Lynch, Anderson & Lynch, of Cedar Rapids, Iowa, and Miller, Miller & Bredell, of Indianapolis, Ind., for complainants.

Philip Lutz, Jr., Atty. Gen. Indiana, Herbert J. Patrick, Deputy Atty. Gen. Indiana, and Thomas F. O'Mara, of Terre Haute, Ind., for defendants.

Before FITZHENRY, Circuit Judge, and BALTZELL and SLICK, District Judges.

BALTZELL, District Judge.

This is an action in which the plaintiffs are seeking to enjoin the enforcement of an act of the General Assembly of 1933 of the State of Indiana concerning alcoholic beverages (Acts Ind.1933, c. 80) and the regulations promulgated thereunder by the defendant Paul P. Fry, as Excise Director, for the reason that such act and regulations are in contravention of the Constitution and laws of the United States.

The plaintiffs are manufacturers...

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