Legal Opinion

United States v. Lexington Mill & Elevator Co.

Supreme Court of the United States

Decided February 24, 1914No. 548PublishedCited by 136 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the construction of subdivisions 4 and 5 of § 7 of the Food and Drugs Act of 1906, are stated in the opinion.

1Opinion of the CourtJustice Day

The petitioner, the United States of America, proceeding under § 10 of the Food and Drugs Act (June 30, 1906, c. 3915, 34 Stat. 768, 771), by libel filed in the District Court of the United States for the Western District of Missouri, sought to seize and condemn 625 sacks of flour in the possession of one Terry, which had been shipped from Lexington, Nebraska, to Castle, Missouri, and which remained in original, unbroken packages. The judgment of the District Court, upon verdict, in favor of the Government, was reversed by the Circuit Court of Appeals for the Eighth Circuit (202 Fed. Rep.…

2Cases cited3 opinions

  1. Market Co. v. HoffmanSupreme Court of the United States · 1879
  2. Lake County v. RollinsSupreme Court of the United States · 1889
  3. Hamilton v. RathboneSupreme Court of the United States · 1899

3Cited by136 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Federal Trade Commission v. Morton Salt Co.Supreme Court of the United States · 1948
  3. United States v. RutherfordSupreme Court of the United States · 1979
  4. United States v. Shreveport Grain & Elevator Co.Supreme Court of the United States · 1932
  5. Young v. Community Nutrition InstituteSupreme Court of the United States · 1986

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