MIDWEST BEVERAGE CO. v. GATES

No. 569.

61 F.Supp. 688 (1945)

MIDWEST BEVERAGE CO., Inc., v. GATES, Governor, et al.

District Court, N. D. Indiana, South Bend Division.

July 18, 1945.


Attorney(s) appearing for the Case

Thomas V. Happer, of Elkhart, Ind., Earl R. Cox, Thomas E. Garvin, C. Gale Graber, and Philip Lutz, all of Indianapolis, Ind., and Ben Scifres, of Lebanon, Ind., for plaintiff.

W. O. Hughes, of Fort Wayne, Ind., and White, Wright & Boleman and McHale, Arthur, Myers & Patrick, all of Indianapolis, Ind., and James A. Emmert, Atty. Gen., for defendants.

Before EVANS and MAJOR, Circuit Judges, and SWYGERT, District Judge.


SWYGERT, District Judge.

This is an action which seeks an interlocutory and permanent injunction to enjoin the defendants from enforcing certain provisions of an Act of the 1945 General Assembly of the State of Indiana. The particular sections about which the plaintiff complains are found in the footnote.1

The plaintiff is the holder of a beer wholesaler permit issued pursuant to the provisions of a 1941 statute enacted by the...

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