United States v. 174 Cases

This is an appeal from a decision of the District Court for the District of New Jersey dismissing a libel against a number of cases of chocolate-covered mints manufactured by the Delson Candy Company. The libel is based upon the charge that the packaging of Delson Mints is so slack that the purchasing public is deceived and that the packaging used by Delson does not serve such functional usefulness as to justify the form of package adopted.

The case has been here once before. See United States v. 174 Cases, etc., 3 Cir., 287 F.2d 246 (1961). The opinion of the Court, by Chief Judge Biggs,…