ARMOUR & CO. v. NORTH DAKOTA

No. 258.

240 U.S. 510 (1916)

ARMOUR & COMPANY v. STATE OF NORTH DAKOTA.

Supreme Court of United States.

Decided April 3, 1916.


Attorney(s) appearing for the Case

Mr. N.C. Young, with whom Mr. Alfred R. Urion, Mr. Abram S. Stratton and Mr. J.S. Watson were on the brief, for plaintiff in error.

Mr. Andrew Miller, with whom Mr. Henry J. Linde, Attorney General of the State of North Dakota, Mr. Francis J. Murphy, Mr. H.R. Bitzing, Mr. Alfred Zuger and Mr. B.F. Tillotson were on the brief, for defendant in error.


MR. JUSTICE McKENNA delivered the opinion of the court.

A statute of the State requires (§ 1) that "every article of food or beverage as defined in the statutes of this State shall be sold by weight, measure or numerical count and as now generally recognized by trade custom, and shall be labeled in accordance with the provisions of the food and beverage laws of this State. . . .

"Section 2 (Weight of Lard). Every...

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