People v. Rath Packing Co.

Opinion

KERRIGAN, J.

This is an action by the government to enjoin a national meat processor from selling allegedly short-weight packages of bacon at the retail level. From a summary judgment granting the injunction, the packing company appeals.

We hold the court erred in deciding the case summarily. Factual issues exist which can be resolved only by a trial on the merits.

Background Of The Litigation

In February 1972, the County of Riverside (“People” or “County”) brought suit in the Riverside superior court to enjoin the Rath Packing Company (“Rath”) from engaging in “short-weighting” marketing…