United States v. Russell-Taylor, Inc.

KOSCINSKI, District Judge.

Respondents are charged in the information with violation of War Food Order 13, Amendment 2, restricting the sale or delivery of “filled cream” having a total content of all oil and fat, including milk fat, in ■excess of 19 per cent (9 F.R. 6145). By interposing a demurrer and motion to quash the information the respondents challenge the-validity of this order.

This regulation was issued under authority of the Second War Powers Act of March 27, 1942, 56 Stat. 176, 50 U.S.C.A. Appendix, Title III, § 633, amending Sec. 1152, and pursuant to Executive Order 9280, 50…