Legal Opinion

Lemke v. Farmers Grain Co. of Embden

Supreme Court of the United States

Decided February 27, 1922No. 456PublishedCited by 188 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Appeal from a decree of the Circuit Court of Appeals, reversing a decree of the District Court and directing a permanent injunction in a suit against officials of North Dakota, brought to restrain them from enforcing, against the appellee, the North Dakota Grain Grading and Inspection Act. See also the next case, post, 65..

1Opinion of the CourtJustice Day

This suit was brought.by the complainant,-a-cooperative association incorporated under the laws of North Dakota, and engaged in the business of operating a public elevator and warehouse for the purchase, sale, distribution and storage of wheat,, oats, rye, barley, seeds and flax at the village of Embden in that State. The association retains no profit. If there is a surplus over operating expenses at the close of the season, such surpluses distributed among the grain growers according to the amount sold by each. The’ purpose of the suit is to enjoin the enforcement of the North Dakota Grain…

2Cases cited35 opinions

  1. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  2. The Minnesota Rate CasesSupreme Court of the United States · 1913
  3. Savage v. JonesSupreme Court of the United States · 1912
  4. Dahnke-Walker Milling Co. v. BondurantSupreme Court of the United States · 1921
  5. International Textbook Co. v. PiggSupreme Court of the United States · 1910

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3Cited by188 opinions

  1. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  4. H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
  5. Pennsylvania v. West VirginiaSupreme Court of the United States · 1923

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