Legal Opinion

Parke, Davis & Co. v. United States

Court of Appeals for the Fifth Circuit

Decided February 4, 1919No. 3083Published

In Error to the District Court of the United States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Criminal prosecution by the United States against Parke, Davis & Co. Judgment of conviction, and defendant brings error.

1Opinion of the Court

WALKER, Circuit Judge.

This was a prosecution instituted by an information containing two counts, each of which charged that the plaintiff in error, Parke, Davis & Co., a corporation, on or about March 4, 1912, did wrongfully and unlawfully ship and cause to be shipped and transported for sale, from New Orleans, La., to the purchaser thereof, to wit, the Southern Drug Company, I-Iouston, Tex., a certain insecticide, to wit, a quantity of so-called insect powder, which when so shipped bore the following label on the packages containing the same:

“1 lb. Not. Parke, Davis & Co. 90, 92 & 94 Maiden…

2Cases cited2 opinions

  1. Libby v. United StatesCourt of Appeals for the Fourth Circuit · 1913
  2. United States v. 150 Cases of Fruit PuddineDistrict Court, D. Massachusetts · 1914

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