Legal Opinion

A. M. Holter Hardware Co. v. Boyle

District Court, D. Montana

Decided January 13, 1920No. 149PublishedCited by 3 opinions

In Equity. Suit by the A. M. Holter Hardware Company and others against Daniel Boyle and others.

1Opinion of the Court

BOURQUIN, District Judge.

This is a conventional suit to restrain enforcement of state legislation which provides for a trade commission to regulate business, and when and where it pleaseth to “establish maximum prices or a reasonable margin of profit” in respect to all commodities, and, curiously enough, burial lots in cemeteries for gain. The usual defenses of state immunity from suit, premature action, and adequate -remedy at law are foreclosed by familiar decisions of the Court.

[1] Plaintiffs’ principal and determinative contention is that legislative regulation of prices in ordinary…

2Cases cited13 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Buchanan v. WarleySupreme Court of the United States · 1916
  3. German Alliance Insurance v. LewisSupreme Court of the United States · 1914
  4. Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
  5. Wilson v. NewSupreme Court of the United States · 1917

8 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. H. Earl Clack Co. v. Public Service CommissionMontana Supreme Court · 1933
  2. Kent Stores of New Jersey v. WilentzDistrict Court, D. New Jersey · 1936
  3. United States v. FordDistrict Court, S.D. Ohio · 1920

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