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CHICAGO MERCANTILE EXCHANGE v. TIEKEN

Civ. A. No. 58 C 1690.

178 F.Supp. 779 (1959)

CHICAGO MERCANTILE EXCHANGE, a corporation, John E. Coleman, Inc., a corporation, John D. Terpstra, George A. Hoffman, National Produce Distributors, Inc., a corporation, Nathan A. Wertheimer, William H. Burfisher, and Markman National Farming Company, a corporation, Plaintiffs, v. Robert TIEKEN, United States Attorney for the Northern District of Illinois, Defendant.

United States District Court N. D. Illinois, E. D.

December 2, 1959.

Attorney(s) appearing for the Case

Glenn G. Paxton, Jack K. Hudson, Chicago, Ill., for plaintiff.

George Cochran Doub, Asst. Atty. Gen., Robert Tieken, U. S. Atty., Chicago, Ill., Donald B. MacGuineas, Harland F. Leathers, and Richard M. Meyer, Attys., Dept. of Justice, Washington, D. C., for defendant.

Before HASTINGS, Circuit Judge, and PERRY and HOFFMAN, District Judges.

HOFFMAN, District Judge.

This is a class action in which the plaintiffs seek an injunction and a declaration that the Onion Futures Act (hereafter "Act"), 72 Stat. 1013, 7 U.S.C.A. § 13-1, is unconstitutional. The Act provides in relevant part that:

"* * * no contract for the sale of onions for future delivery shall be made on or subject to the rules of any board of trade in the United States."

Violation of the Act is a misdemeanor, and the...

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