QUALITY FOOD PRODUCTS, INC. v. BEARD

Civ. A. No. 2629-N.

286 F.Supp. 351 (1968)

QUALITY FOOD PRODUCTS, INC., Plaintiff, v. Richard BEARD, Commissioner of the Department of Industry and Agriculture of the State of Alabama, Defendant.

United States District Court M. D. Alabama, N. D.

June 4, 1968.


Attorney(s) appearing for the Case

R. Larry Turner and E. Lee Redfern, Atlanta, Ga., for plaintiff.

MacDonald Gallion, Atty. Gen., Gordon Madison and George O. Miller, Asst. Attys. Gen., State of Alabama, Montgomery, Ala., for defendant.

Before RIVES, Circuit Judge, and JOHNSON and ALLGOOD, District Judges.


ALLGOOD, District Judge.

This is an action by Quality Food Products, Inc., for a declaratory judgment that Title 2, Section 189, Code of Alabama, 1940, is violative of the Constitution of the United States. Injunctive relief is also sought to restrain enforcement of this statute by the defendant State official, the Commissioner of Agriculture and Industries; therefore, a three-judge court heard the case pursuant to Title 28, U.S.C.A. Sections 2281 and 2284.

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