Armour & Co. v. North Dakota
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NORTH DAKOTA. The facts, which involve the constitutionality under the commerce, due'process and equal protection provisions of the Federal Constitution and the Fourteenth Amendment thereto of the full weight provisions of the statute-of North Dakota, relative to the sale of lard in containers and their validity under the Food and Drugs Act, are stated in the opinion.
1Opinion of the CourtJustice McKenna
A statute of the State requires (§ 1) that “every article of food or beverage as .defined in the statutes of this State shall be sold by weight, measure or numerical count and as now generally recognized by trade custom, and shall be labeled in accordance with the provisions of the food and beverage laws of. this State. . . .
“Section 2 (Weight of Lard). Every lot of lard compound or of lard substitute, unless sold in bulk, shall be put up in pails or other containers holding one (1), three (3), or five (5), pounds net weight, or some whole multiple of these numbers, and not any fractions…
2Cases cited2 opinions
- Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
- Carroll v. Greenwich Ins. Co. of NYSupreme Court of the United States · 1905
3Cited by93 opinions
- Nebbia v. New YorkSupreme Court of the United States · 1934
- West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
- Hall v. Geiger-Jones Co.Supreme Court of the United States · 1917
- Thomas Cusack Co. v. City of ChicagoSupreme Court of the United States · 1917
- Bain Peanut Co. of Tex. v. PinsonSupreme Court of the United States · 1931
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