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SAGE STORES CO. v. KANSAS EX REL. MITCHELL

No. 34.

323 U.S. 32 (1944)

SAGE STORES CO. ET AL. v. KANSAS EX REL. MITCHELL (SUBSTITUTED AS ATTORNEY GENERAL).

Supreme Court of United States.

Decided November 6, 1944.

Attorney(s) appearing for the Case

Mr. Thomas M. Lillard for the Sage Stores Co., and Mr. Samuel H. Kaufman, with whom Messrs. Thomas M. Lillard, Crampton Harris, and George Trosk were on the brief, for Carolene Products Co., petitioners.

Mr. C. Glenn Morris, with whom Mr. A.B. Mitchell, Attorney General of Kansas, and Mr. Warden L. Noe were on the brief, for respondent.

MR. JUSTICE REED delivered the opinion of the Court.

An original action in quo warranto in the Supreme Court of the State of Kansas was begun against The Sage Stores, a Kansas corporation, and Carolene Products Company, a Michigan corporation, by the State of Kansas on the relation of its Attorney General. The purpose of the proceeding was to stop the sale or offering for sale in Kansas of filled milk, manufactured by the Michigan corporation and sold by the Kansas...

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