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CAROLENE PRODUCTS CO. v. UNITED STATES

No. 5169.

140 F.2d 61 (1944)

CAROLENE PRODUCTS CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

January 10, 1944.

Attorney(s) appearing for the Case

Samuel H. Kaufman, of New York City, and Howard D. Matthews, of Wheeling, W.Va., (Edward Rohr, of New York City, Handlan, Garden & Matthews, of Wheeling, W.Va., and Kaufman & Cronan, of New York City, on the brief), for appellants.

Joe V. Gibson, U.S. Atty., of Kingwood, W.Va., and Mark C. Reno, Sp. Asst. to Atty. Gen. (Ezra E. Hamstead, Asst. U.S. Atty., of Morgantown, W.Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

The United States District Court for the Northern District of West Virginia convicted the Carolene Products Company, its president, Charles Hauser, and its Vice-President, William H. Hartke, of a violation of the Filled Milk Act of 1923, 42 Stat. 1486, 21 U.S.C.A. § 61 et seq. The facts are undisputed and we accordingly adopt the following statement made by the court below, 51 F.Supp. 675, 676:

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