CHRISTY v. CLARK

[No. 122, October Term, 1949.]

195 Md. 66 (1950)

72 A.2d 718

CHRISTY ET AL. v. CLARK ET AL., COMMISSIONERS

Court of Appeals of Maryland.

Decided April 14, 1950.


Attorney(s) appearing for the Case

Lionel Bennett for appellants.

J. Edgar Harvey, Deputy Attorney General, with whom were Hall Hammond, Attorney General, and John B. Russell, Special Assistant Attorney General, on the brief, for appellees.

The cause was argued before MARBURY, C.J., and COLLINS, GRASON, HENDERSON and MARKELL, JJ.


HENDERSON, J., delivered the opinion of the Court.

This appeal is from a decree sustaining a demurrer to a bill of complaint and dismissing the bill, which sought an injunction to restrain the appellees from enforcing the provisions of Article 72, Section 4 (c) of the Code (1947 Supp.).

Section 4, subsection (b), known as the "cull law", makes it unlawful "for any person to have oysters in his possession which contain more than five percent. (5%) of shells...

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