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BARTLETT & CO., GRAIN v. STATE CORP. COM'N OF KANSAS

Civ. No. T-3289.

223 F.Supp. 975 (1963)

BARTLETT AND COMPANY, GRAIN, a Missouri Corporation, Plaintiff, v. STATE CORPORATION COMMISSION OF KANSAS, William L. Mitchell, Chairman, Alvin F. Grauerholz and Harry G. Wiles, as Members of said Commission, and their respective successors in office, Defendants.

United States District Court D. Kansas.

November 26, 1963.

Attorney(s) appearing for the Case

Erle Francis, Topeka, Kan., Charles B. Blackmar and James H. McLarney, of Swanson, Midgley, Jones, Blackmar & Eager, Kansas City, Mo., for plaintiff.

Robert C. Londerholm, Topeka, Kan., for defendants.

Before HILL, Circuit Judge, and RIZLEY and TEMPLAR, District Judges.

TEMPLAR, District Judge.

On April 4, 1963, the plaintiff filed its complaint and in paragraph 9 thereof it is asserted:

"Since injunction against state statutes and state administrative action is sought this case is required to be heard before a three-judge district court. 28 U.S.C. § 2281."

Because injunctive relief was sought against state statutes and against state administrative action Chief Judge Alfred P. Murrah was immediately notified...

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