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FAMILY SECURITY LIFE INS. CO. v. DANIEL

Civil Action No. 1918.

79 F.Supp. 62 (1948)

FAMILY SECURITY LIFE INS. CO. et al. v. DANIEL, Attorney General of South Carolina, et al.

District Court, E. D. South Carolina, Columbia Division.

August 12, 1948.

Attorney(s) appearing for the Case

Donald Russell, C. Erskine Daniel, E. W. Johnson, and T. Sam Means, Jr., all of Spartanburg, S. C., for plaintiffs.

John M. Daniel, Atty. Gen. of South Carolina, T. C. Callison, Asst. Atty. Gen. of South Carolina, Edgar A. Brown, of Barnwell, S. C., D. W. Robinson, of Columbia, S. C., and R. N. Ward, of Greenville, S. C., for defendants.

Before DOBIE, Circuit Judge and WYCHE and TIMMERMAN, District Judges.

WYCHE, District Judge.

This is a suit to enjoin the enforcement of a South Carolina statute (Appendix A) which, among other things, declares it to be unlawful, punishable by fine and imprisonment in the discretion of the Court, (1) for any insurance company to own a mortuary or to permit its officers or employees to operate a mortuary, and (2) for any funeral director or employee of a mortuary to be licensed as an insurance...

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