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WEIGLE v. CURTICE BROTHERS CO.

No. 83.

248 U.S. 285 (1919)

WEIGLE v. CURTICE BROTHERS COMPANY.

Supreme Court of United States.

Decided January 7, 1919.

Attorney(s) appearing for the Case

Mr. Walter H. Bender, Deputy Attorney General of the State of Wisconsin, with whom Mr. Spencer Haven, Attorney General of the State of Wisconsin, and Mr. J.E. Messerschmidt, Assistant Attorney General of the State of Wisconsin, were on the brief, for appellant.

Mr. H.O. Fairchild for appellee.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a bill in equity brought by Curtice Brothers Company, a New York corporation, to restrain Weigle, the Dairy and Food Commissioner of Wisconsin, from enforcing certain laws of the State, especially Statutes of 1913, § 4601g. That section makes it unlawful to sell any article of food that contains benzoic acid or benzoates, with qualifications not material here. The plaintiff makes such articles from...

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