ALBERS BROS. MILLING CO. v. VIERHUS

Nos. 8015-8021.

80 F.2d 700 (1935)

ALBERS BROS. MILLING CO. v. VIERHUS, and six other cases.

Circuit Court of Appeals, Ninth Circuit.

November 12, 1935.


Attorney(s) appearing for the Case

K. I. Ghormley, of Seattle, Wash., for Albers Bros. Milling Co.

Almon Ray Smith and Charles E. Congleton, both of Seattle, Wash., for James Henry Packing Co.

Venables, Graham & Howe, of Seattle, Wash., for Fisher Flouring Mills Co.

Shorts & Harston, of Seattle, Wash., and Witherspoon, Yantes & Witherspoon, of Spokane, Wash., for Centennial Flour Mills Co. and Ritzville Flouring Mills.

Eggerman & Rosling, of Seattle, Wash., for Frye & Co.

Robbins & Rickles, of Seattle, Wash., for Acme Packing & Provision Co.

J. Charles Dennis, U. S. Atty., of Seattle, Wash., for appellee.


DENMAN, Circuit Judge.

Not until just before coming on to the bench had I seen Judge Cushman's able opinion. Frye Co. v. Vierhus (D.C.) 12 F.Supp. 597. There has been no opportunity to make the research into the many authorities cited by him and by counsel on both sides. As suggested in my dissent in the first Fisher Flouring Cases, these authorities develop the discussion of the powers of Congress beyond prior presentations....

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