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ELLY v. WASHINGTON EX REL. FOSS CO.

No. 2.

302 U.S. 1 (1937)

KELLY, DIRECTOR, ET AL. v. WASHINGTON EX REL. FOSS CO.

Supreme Court of United States.

Reargued October 11, 12, 1937.

Decided November 8, 1937.

Attorney(s) appearing for the Case

On reargument, Mr. E.P. Donnelly for petitioners, and Mr. Glenn J. Fairbrook for respondents. Assistant Solicitor General Bell, with whom Solicitor General Reed and Messrs. Sam E. Whitaker and J. Frank Staley were on the brief of the United States, as amicus curiae, supporting the decision of the state court.

On original argument, Messrs. W.A. Toner and Daniel Baker for petitioners, and Mr. Glenn J. Fairbrook for respondents.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

Respondents, owners of motor-driven tugs, sought a writ of prohibition to prevent the enforcement of provisions of c. 200 of the Washington Laws of 1907 (Rem. Rev. Stat., §§ 9843 et seq.) relating to the inspection and regulation of vessels. The Supreme Court of the State directed judgment for respondents, holding the statute invalid "if applied to...

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