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156 F. 664

Docket No. 1,318.

Andrew v. Globe Elevator Co.

Seventh Circuit Court of Appeals

Decided May 18, 1907.)

Seventh Circuit Court of Appeals · decided 1907-05-18

<p>Injunction — Preliminary Injunction — Review on Appeal.</p> <p>A preliminary injunction, restraining the enforcement of a state grain inspection law in respect to interstate shipments pending a final hearing as to its constitutionality, held not improvidently granted upon the facts shown, and sustained, without consideration of the case on its merits.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. voi. 27, Injunction, §5 305, 306.]</p>

Cited by 1 later decisions — most recently May 1935

1 state decisions

3 counsel of record

Relies on Globe Elevator Co. v. Andrew

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1907-05-18

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¶1Injunction — Preliminary Injunction — Review on Appeal.

¶2A preliminary injunction, restraining the enforcement of a state grain inspection law in respect to interstate shipments pending a final hearing as to its constitutionality, held not improvidently granted upon the facts shown, and sustained, without consideration of the case on its merits.

¶3[Ed. Note. — For eases in point, see Cent. Dig. voi. 27, Injunction, §5 305, 306.]

¶4Appeal from the Circuit Court of the United States for the Western District of Wisconsin.

¶5For opinion below,

¶6see 144 Fed. 871.

¶7L. K. Ruse, for-appellants.

¶8Ralph Whelan, C. H. Crownhart, and J. A. Murphy, for appellees.

¶9Before GROSSCUP, BAKKR, and SHAMAN, Circuit Judges.

¶10PER CURIAM.

¶11This is an appeal from an interlocutory order, which restrains, pending the final hearing, the appellants from interfering with the business of the appellees under color of a Wisconsin statute, which the appellees claim, on the state of facts averred by them, violates their rights under the commerce clause of the federal Constitution. The appellants have not satisfied us that the order staying the hands of appellants, pending a final hearing, was entered improvidently. We do not at this time consider any of the questions which go to the ultimate merits of the case, which were pressed upon our attention at this hearing.

¶12The order appealed from is affirmed.

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