Oscar Ewing, Inc. v. Melton

CLAY, Commissioner.

Under the provisions of KRS 365.070, plaintiffs brought action to enjoin the defendant from selling milk allegedly below cost in violation of KRS 365.030. The suit was filed in October 1956, and a year later plaintiffs moved for a temporary injunction. The motion was overruled. On application made to this Court under CR 65.11, such relief was denied by order of November 13, 1957. Still persisting in their efforts to obtain a temporary injunction, plaintiffs have moved to set aside our order of November 13.

By oral argument and brief plaintiffs have ably presented their claim…