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KIERSTEIN v. CUDAHY PACKING CO.

Nos. 5792-5795.

80 F.2d 518 (1935)

KIERSTEIN et al. v. CUDAHY PACKING CO. and three other cases.

Circuit Court of Appeals, Third Circuit.

November 26, 1935.

Attorney(s) appearing for the Case

R. L. Levy and A. M. Lucks, both of Scranton, Pa., for appellants.

Welles, Mumford, Stark & McGrath and Henry C. McGrath, all of Scranton, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

The decisive question in this case is whether 34 Stat. 1265, 21 U.S.C.A. §§ 91, 92, which read as follows, "That the provisions of this Act requiring inspection to be made by the Secretary of Agriculture shall not apply to animals slaughtered by any farmer on the farm and sold and transported as interstate or foreign commerce, nor to retail butchers and retail dealers in meat and meat food...

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