Hale v. Bimco Trading, Inc.
306 U.S. 375 (1939)

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U.S. Supreme Court

Hale v. Bimco Trading, Inc., 306 U.S. 375 (1939)

Hale v. Bimco Trading, Inc.

No. 418

Argued February 6, 1939

Decided February 27, 1939

306 U.S. 375

Syllabus

1. Plaintiffs in the federal court secured a decree enjoining state officers from enforcing state statute as unconstitutional. A proceeding of mandamus, to which they were not parties, was pending before the state supreme court in which the same officers had been commanded to execute the statute, as valid. Further action in the mandamus case was suspended by the state court to await final decision of the constitutional question by this Court on appeal in the injunction suit. Held that Jud.Code § 265, 28 U.S.C. § 379, which provides that a writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a State, is inapplicable . P. 306 U. S. 378.

2. State legislation providing standards for all cement sold or used in the State, and requiring inspection and imposing an "inspection fee" of fifteen cents per hundredweight -- sixty times the cost of inspection -- in respect of cement imported from abroad, 30% of the cement sold or used in the State, whilst requiring no inspection and exacting no fee in respect of domestic cement -- held invalid under the commerce clause of the Constitution. Pp. 306 U. S. 378, 306 U. S. 380.

Affirmed.

Appeal from a decree of the District Court of three judges which enjoined the appellants, members of the State Road Department of Florida, from enforcing a Florida statute. The court below filed no opinion.

Page 306 U. S. 376

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