Burns Baking Company v. Bryan 264 U.S. 504 (1924)

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BURNS BAKING COMPANY v. BRYAN 264 U.S. 504 (1924)

The Supreme Court, speaking through Justice pierce butler, declared unconstitutional a Nebraska statute that prohibited short-weighting as well as overweighting of bread as a violation of due process and an arbitrary interference with private business. Justice louis d. brandeis dissented, joined by oliver wendell holmes, decrying the decision as "an exercise of the powers of a superlegislature," and urging deference to the legislature's basis for state action.

David Gordon
(1986)

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