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BUCK v. CASE

No. 606.

24 F.Supp. 541 (1938)

BUCK et al. v. CASE, State Treasurer of Washington, et al. (K. M. O., Inc., et al., Interveners).

District Court, W. D. Washington, S. D.

May 9, 1938.

Attorney(s) appearing for the Case

Vanderveer & Bassett, of Seattle, Wash. (Louis D. Frohlich and Herman Finkelstein, both of New York City, and H. W. Haugland, of Seattle, Wash., of counsel), for complainants.

G. W. Hamilton, Atty. Gen., E. B. Donnelly, Asst. Atty. Gen., B. Gray Warner, Dist. Atty., and Edwin C. Ewing, Asst. Dist. Atty., both of Seattle, Wash., Harry H. Johnston, Dist. Atty., of Tacoma, Wash., Ralph E. Foley, Dist. Atty., of Spokane, Wash., A. W. Swanson, Dist. Atty., of Everett, Wash., H. W. Covalt, Dist. Atty., of Bellingham, Wash., Smith Troy, Dist. Atty., of Olympia, Wash., Paul O. Manley, Dist. Atty., of Montesano, Wash., Robert J. Willis, Dist. Atty., of Yakima, Wash., Glenn L. Bean, Dist. Atty., of Walla Walla, Wash., C. C. Dill, Sp. Atty., of Spokane, Wash., and Alfred J. Schweppe and McMicken, Rupp & Schweppe, all of Seattle, Wash., for defendants.

Kenneth C. Davis, of Seattle, Wash., Clarence C. Dill, of Spokane, Wash., and Leo Teats, of Tacoma, Wash., for intervener K. M. O., Inc.

Clark R. Belknap, of Seattle, Wash., for intervener John G. Lockhart.

Before HANEY, Circuit Judge, and CUSHMAN and BOWEN, District Judges.

CUSHMAN, District Judge.

Section 266 of the Judicial Code, 28 U. S.C.A. § 380, in part, provides: "It is further provided that if before the final hearing of such application a suit shall have been brought in a court of the State having jurisdiction thereof under the laws of such State, to enforce such statute or order, accompanied by a stay in such State court of proceedings under such statute or order pending the determination of such suit by such State court...

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