Legal Opinion · Dissent

Fieldcrest Dairies, Inc. v. City of Chicago

Court of Appeals for the Seventh Circuit

Decided November 24, 1941No. 7502Published

1DissentLindley, District Judge

I regret that I am unable to agree that the ordinance violates the public policy of-Illinois as expressed in Illinois Revised Statutes 1939, Chap. 56%, Section 115-134.

Under Koy v. City of Chicago, 263 Ill. 122, 104 N.E. 1104,. Ann.Cas.1915C, 67, the-authority of Illinois cities to regulate the sale and distribution of milk includes power to declare the means by which purity, wholesomeness and freedom from disease shall be secured; to require milk containers to be of prescribed character and to protect the public generally in the sale and distribution of milk. This municipal authority, thus…

2Cases cited8 opinions

  1. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  2. United States v. MorganSupreme Court of the United States · 1941
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. City of Chicago v. Union Ice Cream Manufacturing Co.Illinois Supreme Court · 1911
  5. Northern Trust Co. v. Chicago Railways Co.Illinois Supreme Court · 1925

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