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ARMOUR AND COMPANY v. STATE OF NEBRASKA

Civ. No. 1076L.

270 F.Supp. 941 (1967)

ARMOUR AND COMPANY, Plaintiff, v. STATE OF NEBRASKA, the Department of Agriculture and Economic Development of the State of Nebraska, Pearle Finigan, Director of the Department of Agriculture and Economic Development of the State of Nebraska, Russell Hoppner, Chief, Bureau of Dairies, Foods and Drugs of the Department of Agriculture and Economic Development of the State of Nebraska, and Frank B. Svoboda, County Attorney of Keith County, Nebraska, Defendants.

United States District Court D. Nebraska.

May 17, 1967.

Attorney(s) appearing for the Case

Bert L. Overcash, of Woods, Aitken & Aitken, Lincoln, Neb., for plaintiff.

Clarence A. H. Meyer, Atty. Gen., Melvin K. Kammerlohr, Asst. Atty., Gen., Lincoln, Neb., for defendants.

Before JOHNSEN, Senior Circuit Judge, and ROBINSON and VAN PELT, District Judges.

MEMORANDUM OPINION

PER CURIAM.

Armour and Company seeks declaratory and injunctive relief as to Legislative Bill 169 enacted by the Seventy-fifth Session of the Nebraska Legislature (Session Laws 1965, p. 73) against the officials and the agency of the State charged with its enforcement.1 Federal unconstitutionality of the statute is claimed on its labeling requirements for the sale within Nebraska of imported meat and products...

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