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UNITED STATES v. RESNICK

No. 62.

299 U.S. 207 (1936)

UNITED STATES v. RESNICK ET AL.

Supreme Court of United States.

Decided December 7, 1936.

Attorney(s) appearing for the Case

Mr. Wm. W. Barron, with whom Solicitor General Reed, Assistant Attorney General McMahon, and W. Marvin Smith were on the brief, for the United States.

Mr. D. Alexander Wieland, with whom Messrs. John Arthur Brown and Joseph J. Brown were on the brief, for the Acme Can Co., appellee in No. 63. Mr. Samuel L. Einhorn, counsel for appellees in No. 62, joined in the brief of the Acme Can Co.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Appellees were indicted for violations of the Act of May 21, 1928, 45 Stat. 685, 15 U.S.C. §§ 257-257i. In No. 62, the indictment is in four counts, each of which charges that defendants sold for fruits and vegetables two-quart metal hampers which did not comply with the Act in that they were not of any standard size authorized by the Act and did not come within any tolerance established by the Secretary...

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