Lemke v. Homer Farmers Elevator Co.

Supreme Court of the United States February 27, 1922

Lemke v. Homer Farmers Elevator Co., 258 U.S. 65 (1922)

42 S. Ct. 250; 66 L. Ed. 467; 1922 U.S. LEXIS 2239

Opinion

Mr. Justice Day

delivered the opinion of the court.

This suit was brought by companies representing 692 elevators in the State of North Dakota to enjoin the enforcement of the North Dakota Grain Grading and Inspection Act, c. 138 of the Laws of North Dakota of 1919. This act was considered and passed upon in No. 456, just decided, ante, 50.

The matter was heard before three judges, and a temporary injunction was granted upon the authority of the decree of the Circuit Court of Appeals which we have just reviewed, and affirmed. Appeal from that order was taken to this court. The. facts are not materially different from those presented in the former case, and the reasons therein stated for the conclusion reached are controlling here, and need not be repeated.

The order of the District Court is

Affirmed.

Mr. Justice Holmes, Mr. Justice Brandéis, and Mr. Justice Clarke dissent.

Reference

Full Case Name: Lemke, as Attorney General of the State of North Dakota, Et Al. v. Homer Farmers Elevator Company Et Al.
Cited By: 5 cases
Status: Published
Syllabus: Decided on the authority of Lemke v. Farmers Grain Co., ante, 50.