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GREAT ATLANTIC & PACIFIC TEA CO. v. VALENTINE

Nos. 4583-4585.

12 F.Supp. 760 (1935)

GREAT ATLANTIC & PACIFIC TEA CO. v. VALENTINE et al. (THRIFT-WAY STORES, Inc., et al., Interveners). GRAHAM DEPARTMENT STORES CO. et al. v. VALENTINE et al. (NEISNER BROS., Inc., et al., Interveners). WALGREEN CO. v. VALENTINE et al. (LIGGETT DRUG CO., Inc., et al., Interveners).

District Court, S. D. Iowa, Central Division.

November 19, 1935.

Attorney(s) appearing for the Case

Gamble, Read & Howland, of Des Moines, Iowa, for complainants and interveners.

Edward L. O'Connor, Atty. Gen., State of Iowa, Clair E. Hamilton, Asst. Atty. Gen., and John Connolly, Jr., and Irvin I. Schlesinger, both of Des Moines, Iowa, and Frank F. Messer, of Iowa City, Iowa, for defendants.

Before GARDNER, Circuit Judge, and JOYCE and DEWEY, District Judges.

DEWEY, District Judge.

These are actions wherein the complainants attack the constitutionality of chapter 75 Acts of the 46th General Assembly of the state of Iowa, being House File 311 of said General Assembly, and known as the "Chain Store Tax Act of 1935." The act, so far as here pertinent, is set out in the margin of this opinion.

The issues are succinctly stated by the defendants in their written brief as follows:

"It is alleged in the complaints...

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