Chicago v. Fieldcrest Dairies, Inc.

Respondent, a Michigan corporation authorized to do business in Illinois, sells milk to wholesalers and retailers in various cities in the vicinity of Chicago. By an ordinance passed on January 4, 1935, the City of Chicago required that milk or milk products “sold in quantities of less than one gallon shall be delivered in standard milk bottles.” § 3094. Respondent sought a permit from petitioner Board of Health to sell milk in “Pure-Pak” paper containers in that city. That permit was not granted. Thereafter, respondent filed suit against petitioners in the United States District Court for…