TUPMAN THURLOW COMPANY v. MOSS

Civ. No. 4164.

252 F.Supp. 641 (1966)

The TUPMAN THURLOW COMPANY, Inc., et al., v. W. F. MOSS, Commissioner, etc., et al.

United States District Court M. D. Tennessee, Nashville Division.

March 1, 1966.


Attorney(s) appearing for the Case

Thomas Wardlaw Steele, Gullett, Steele & Sanford, Nashville, Tenn., J. Bradley Colburn and James H. Lundquist, Barnes, Richardson & Colburn, New York City, for plaintiffs.

George F. McCanless, Atty. Gen., State of Tennessee, Thomas E. Fox, Asst. Atty. Gen., Nashville, Tenn., for defendants.

Edwin F. Hunt, Boult, Hunt, Cummings & Conners, Nashville, Tenn., for defendant intervenor, Tennessee Farm Bureau Federation, Inc.

James M. Glasgow, Glasgow & Elam, Union City, Tenn., for defendant intervenor, Tennessee Livestock Assn., Inc.

John W. Douglas, Harland F. Leathers and Arthur E. Schwimmer, Asst. Attys. Gen., Dept. of Justice, Washington, D. C., and James F. Neal, U. S. Atty., Nashville, Tenn., for the United States as amicus curiae in support of the plaintiff.

Before PHILLIPS, Circuit Judge, and MILLER and GRAY, District Judges.


PER CURIAM.

This action was instituted by the Tupman Thurlow Company, Inc., and the William Davies Company, Inc.,1 for a declaratory judgment that Chapter 34 of the 1965 Public Acts of Tennessee (See Appendix A), herein referred to as the Labeling Act, and Chapter 367 of the 1965 Public Acts of Tennessee (See Appendix B), herein referred to as the Licensing Act, are violative of the Federal Constitution and therefore void. Injunctive relief...

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