HARRIS v. DUNCAN

17548.

208 Ga. 561 (1951)

67 S.E.2d 692

HARRIS v. DUNCAN, Chairman of Milk Control Board.

Supreme Court of Georgia.

Decided November 13, 1951.

Rehearing Denied November 28, 1951.


Attorney(s) appearing for the Case

O. B. McElvey and Robert Culpepper Jr., for plaintiff in error.

Eugene Cook, Attorney-General, J. R. Parham, Assistant Attorney-General, and Frank S. Twitty, Deputy Assistant Attorney-General, contra.


ATKINSON, Presiding Justice.

(After stating the foregoing facts.) The act (Ga. L. 1937, p. 247), as amended (Code, Ann. Supp., § 42-523 et seq.), with the emergency feature thereof stricken by the act of 1949, p. 78, is here attacked on the ground that the authority therein to fix the price of milk is in violation of article 1, section 1, paragraph 3 of the State Constitution (Code, Ann., § 2-103), which is the due-process clause, in that it restricts the...

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