Legal Opinion

Armour Packing Co. v. United States

Supreme Court of the United States

Decided March 16, 1908No. 467, 468, 469, 470PublishedCited by 443 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS POR THE EIGHTH CIRCUIT. The facts are stated in the opinion. A shipper can be guilty of an offense under the Elkins Act only if and when he is guilty of some bad faith or fraudulent conduct in using some kind of device intentionally dishonest or some underhand method of obtaining a rebate, concession or discrimination.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS POR THE EIGHTH CIRCUIT. The facts are stated in the opinion. A shipper can be guilty of an offense under the Elkins Act only if and when he is guilty of some bad faith or fraudulent conduct in using some kind of device intentionally dishonest or some underhand method of obtaining a rebate, concession or discrimination. It was never intended that he should be held guilty if he honestly believed he was entitled to the rate at which he openly shipped. The purpose of the Elkins Act was to enlarge the character of devices specified in the act of 1889, and…

1Opinion of the CourtJustice Day

These cases are here upon writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. By stipulation there was a single petition for certiorari and the cases in the Circuit Court of Appeals were considered together on the record in the Armour Packing Company case, and, as it is conceded in the brief of the learned counsel for the petitioners that the differences in the cases are unsubstantial, the same course may be followed here.

Each of the petitioners was .convicted in the District Court of the United States, Western District of Missouri, for violation of the…

2Cases cited13 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Burton v. United StatesSupreme Court of the United States · 1906
  3. United States v. HessSupreme Court of the United States · 1888
  4. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  5. Evans v. United StatesSupreme Court of the United States · 1894

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3Cited by443 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Hyde v. United StatesSupreme Court of the United States · 1912
  3. Toussie v. United StatesSupreme Court of the United States · 1970
  4. United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
  5. Wong Tai v. United StatesSupreme Court of the United States · 1927

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