Majority
p. 809May 3, 1948. No. 397. Argued January 9, 1948. Decided May 3, 1948. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers Union et al. v. Denver Milk Producers, Inc. et al.
Cf. Rescue Army v. Municipal Court, 331 U. S. 549 (1947). Dissenting: Mr. Justice Black and Mr. Justice Murphy. Herbert S. Thatcher argued the cause for appellants. With him on the brief were /. Albert Woll and Philip Hornbein, Jr. Kenneth W. Robinson argued the cause and filed a brief for appellees. Robert D. Charlton was also of counsel. By special leave of Court, George K. Thomas, Assistant Attorney General, argued the cause for the State of Colorado, as amicus curiae, urging affirmance. With him on the brief was H. Lawrence Hinkley, Attorney General.
Because of the inadequacy of the record, we decline to decide the constitutional issues involved. The appeal is dismissed without prejudice to the determination in further proceedings of any questions arising under the Federal Constitution.
Cases cited
- Rescue Army v. Municipal Court of Los Angeles 331 U. S. 549 p. 809