Union Dairy Co. v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of Illinois. The Union Dairy Company, a corporation, was convicted of violating the Food and Drug Act, and it brings error. Writ of error to review judgment in favor of the government and against plaintiff in error for violation of Food and Drug Act.
Read the full summary
In Error to the District Court of the United States for the Southern Division of the Southern District of Illinois. The Union Dairy Company, a corporation, was convicted of violating the Food and Drug Act, and it brings error. Writ of error to review judgment in favor of the government and against plaintiff in error for violation of Food and Drug Act. Plaintiff in error is charged with having shipped 75 cans of milk from Troy, Ill., to itself at St. .Louis, Mo., which milk was adulterated through the addition of water, and it was further charged that “filth, putrid and decomposed animal…
1Opinion of the Court
EVAN A. EVANS, Circuit Judge.
[1] Plaintiff in error contends that it was shipping the milk from a receiving station in Illinois to itself in Missouri, there to be treated, impurities removed, and the milk standardized; that while in transit it was not an article of food such as was defined by the Food and Drug Act, and did not become such an article of food until after treatment. Were we to adopt this conclusion, it would do violence to the plain language of section 2 of the act under which prosecution is brought. The first sentence of section 2 reads :
“The introduction into any state or…
2Cases cited1 opinion
- Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911
3Cited by7 opinions
- United States v. Two Bags, Each Containing 110 Pounds, Poppy SeedsCourt of Appeals for the Sixth Circuit · 1945
- United States v. O. F. Bayer & Co. United States v. Savoy Tea & Coffee Co., Inc. United States v. Polin Bros., IncCourt of Appeals for the Second Circuit · 1951
- Otis McAllister & Co., Inc. v. United StatesCourt of Appeals for the Fifth Circuit · 1952
- United States v. Allbrook Freezing & Cold Storage, Inc.Court of Appeals for the Fifth Circuit · 1952
- United States v. 800 Sacks Barley Mixed OatsCourt of Appeals for the Fifth Circuit · 1933
2 more not listed; retrieve them via the Exa API.