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WHITNEY v. JOHNSON

No. 10.

37 F.Supp. 65 (1941)

WHITNEY et al. v. JOHNSON et al.

District Court, E. D. Kentucky.

February 21, 1941.

Attorney(s) appearing for the Case

H. W. Vincent, of Bowling Green, Ky., for plaintiffs.

Hubert Meredith, Atty. Gen. of Kentucky, and M. B. Holifield, Asst. Atty. Gen., for defendants.

Before HAMILTON, Circuit Judge, and FORD and SWINFORD, District Judges.

SWINFORD, District Judge.

The plaintiffs are operators of motor trucks engaged in inter-state commerce through the State of Kentucky. The defendants are officers and employees charged with the duty of enforcing upon truck operators the regulations and statutes dealing with such matters.

This case is before us on the defendants' motion to dismiss the bill of complaint. The bill attacks the constitutionality under the Federal Constitution of Sections 2739g-80...

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