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MURPHY v. LOVE

No. 5585.

249 F.2d 783 (1957)

W. E. MURPHY, Director of Alcoholic Beverage Control; John Anderson, Jr., Attorney General of the State of Kansas; Arden Rhyne, Sheriff of Leavenworth County, Kansas; and James R. Fussell, County Attorney of Leavenworth County, Kansas, Appellants, v. W. B. LOVE, an individual doing business as the Love Transfer Company, Weston, Missouri, Appellee.

United States Court of Appeals Tenth Circuit.

October 29, 1957.

Attorney(s) appearing for the Case

John Anderson, Jr., Atty. Gen., and Eugene W. Davis, Topeka, Kan., Counsel for Alcoholic Beverage Control (Paul E. Wilson and Fred N. Six, Asst. Attys. Gen., were with them on the brief), for appellants.

Homer Davis, Leavenworth, Kan., for appellee.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, United States Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from a mandatory injunction issued by the United States District Court for the District of Kansas permanently and perpetually enjoining and restraining appellants from interfering with appellee Love in the transportation of liquor from Missouri to the Fort Leavenworth Military Reservation, and for the return of liquor seized from Love by appellants. Jurisdiction is predicated on the ground that interstate commerce is involved...

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