Supreme Court of the United States, 1922

Lemke v. Homer Farmers Elevator Co.

Supreme Court of the United States · Decided February 27, 1922 · Day, Holmes, Brandéis, Clarke

258 U.S. 65; 42 S. Ct. 250; 66 L. Ed. 467; 1922 U.S. LEXIS 2239 (United States Reports)

Counsel

Mr. William Lemke, Attorney General of the State of North Dakota, Mr. Seth W. Richardson and Mr. Karl Knox Gartner for appellants. Mr. George K. Foster was also on the briefs., Mr. David F. Simpson, Mr. William A. Lancaster and Mr. Harold G. Simpson for appellees. Mr. W. A. McIntyre, Mr. O. B. Burtness, Mr. Sveinbjorn Johnson, Mr. John Junell and Mr. James E. Dorsey were also on the briefs.

Cases that cite this one

3 later published cases cite this decision.

Florida Lime & Avocado Growers, Inc. v. Jacobsen (Supreme Court of the United States 1960)
Fitch v. Kentucky-Tennessee Light & Power Co. (6th Cir. 1943)
George F. Shafer, as Attorney General of the State of North Dakota v. Farmers' Grain Company of Embden (Supreme Court of the United States 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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