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SLEETH v. DAIRY PRODUCTS COMPANY OF UNIONTOWN

No. 7039.

228 F.2d 165 (1955)

Clark K. SLEETH, as Health Officer of Monongalia County, West Virginia, Appellant, v. DAIRY PRODUCTS COMPANY OF UNIONTOWN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 27, 1955.

Attorney(s) appearing for the Case

George R. Farmer, Morgantown, W. Va. (Cletus B. Hanley, Asst. Atty. Gen. of West Virginia, and Albert M. Morgan, Prosecuting Atty., Monongalia County, Morgantown, W. Va., on the brief), for appellant.

Glenn Hunter, Morgantown, W. Va. (Charles McCamic, Wheeling, W. Va., on the brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and R. DORSEY WATKINS, District Judge.

SOPER, Circuit Judge.

This suit was brought in the District Court by Dairy Products Company of Uniontown, a Pennsylvania corporation, against Roger A. Kennedy, Health Officer of Monongalia County, West Virginia,1 to secure a judgment commanding the Health Officer to approve an application of the company for a permit to distribute milk in the county and forthwith to issue the permit. There was also a prayer for an injunction to restrain...

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