Opinion
No. 28040
Decided May 1, 1940.
Supreme Court — Dismissal — No debatable constitutional question involved — Restraint of trade — Contract between milk dealers and union — Giving union exclusive right to distribute milk — Fixing wholesale and retail price of milk — Section 6390 et seq., General Code — Sections 1 and 2, Article I, Section 26, Article II, Ohio Constitution — Section 1, 14th Amendment to U.S. Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Mr. Charles Auerbach and Mr. Ray T. Miller, for appellants.
Messrs. Payer, Corrigan Bleiweiss, for appellee, Milk Ice Cream Drivers Dairy Employees' Union.
Messrs. Baker, Hostetler Patterson and Mr. Clayton A. Quintrell, for appellee, The Telling Belle-Vernon Company.
Messrs. Thompson, Hine Flory, for appellee, Dairymen's Milk Company.
It is ordered and adjudged that said appeal as of right be, and the same hereby is, dismissed for the reason no debatable constitutional question is involved in said cause.
Appeal dismissed.
WEYGANDT, C.J., DAY, ZIMMERMAN, MATTHIAS and HART, JJ., concur.