Tupman Thurlow Company v. Moss

This action was instituted by the Tup-man Thurlow Company, Inc., and the William Davies Company, Inc., 1 for a declaratory judgment that Chapter 34 of the 1965 Public Acts of Tennessee (See Appendix A), herein referred to as the Labeling Act, and Chapter 367 of the 1965 Public Acts of Tennessee (See Appendix B), herein referred to as the Licensing Act, are violative of the Federal Constitution and therefore void. In-junctive relief also being sought to restrain state officials 2 from enforcing the statutes, a three-judge court was constituted pursuant to 28 U.S.C.A. §§ 2281 and 2284.

Specifical…