Borden Co. v. Liddy

Because of a slight variance in views on some aspects of this case, individual Memorandums have been prepared and are attached hereto and made a part hereof. The Memorandum of Judge Hanson, which was prepared first, sets out the facts of the situation and these are adopted as the Court’s statement.

1. As the several Memorandums indicate, the Court is unanimous in its view that the defendant cannot prohibit the sale in commerce of the plaintiff’s 10% milkfat product within the State of Iowa upon the basis that the branding of it as “ice cream” constitutes a labeling violation under §§ 189.9,…