Great Atlantic & Pacific Tea Co. v. Cream of Wheat Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from an order refusing to grant an injunction restraining defendant from refusing to sell its goods to complainant. The facts are quite fully set forth in the opinion of Judge Hough, which is reported in 224 Fed. 566.
1Opinion of the Court
RACOMBE, Circuit Judge.
Briefly summarized the facts are these: In the production of wheat flour from wheat, there is a sort of byproduct, known as “purified middlings.” It is produced by every flouring mill in the United States engaged in the manufacture of wheat flour; it is a staple commodity regularly quoted and dealt in in all grain markets. Defendant buys “purified middlings,” selecting such as it thinks grade high in quality. Without submitting them to any process or treatment, without adding anything to them, it puts up the middlings which it selects in packages and offers its…
2Cases cited1 opinion
- Greater New York Film Rental Co. v. Biograph Co.Court of Appeals for the Second Circuit · 1913
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- Federal Trade Commission v. Raymond Bros.-ClarkSupreme Court of the United States · 1924
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