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MULFORD v. SMITH

No. 505.

307 U.S. 38 (1939)

MULFORD ET AL. v. SMITH ET AL.

Supreme Court of United States.

Decided April 17, 1939.

Attorney(s) appearing for the Case

Mr. A.J. Little, with whom Messrs. C.A. Avriett and L.E. Heath were on the brief, for appellants.

Solicitor General Jackson and Mr. Robert K. McConnaughey, with whom Assistant Attorney General Arnold, and Messrs. Hugh B. Cox, Robert L. Stern, John S.L. Yost, Mastin G. White, Robert H. Shields, and W. Carroll Hunter were on the brief, for the United States (intervening defendant), appellee.

Mr. Omer W. Franklin for Smith et al., appellees.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The appellants, producers of flue-cured tobacco, assert that the Agricultural Adjustment Act of 1938,1 is unconstitutional as it affects their 1938 crop.

The portions of the statute involved are those included in Title III, providing marketing quotas for flue-cured tobacco.2 The Act directs that when the supply is found to exceed the level defined...

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