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CURTISS CANDY CO. v. CLARK

No. 424.

165 F.2d 791 (1948)

CURTISS CANDY CO. v. CLARK.

United States Emergency Court of Appeals.

Decided January 28, 1948.

Rehearing Denied March 5, 1948.

Attorney(s) appearing for the Case

Peter B. Atwood, of Chicago, Ill. (Irwin N. Walker and Walker, Atwood, Zurowski & McFarland, all of Chicago, Ill., on the brief), for complainant.

Josephine H. Klein, Sp. Atty., Dept. of Justice, of Washington, D. C. (Tom C. Clark, Atty. Gen., T. Vincent Quinn, Asst. Atty. Gen., and Floyd L. Cook and Charles G. Mulligan, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for respondent.

Before MARIS, Chief Judge, and McALLISTER and LINDLEY, Judges.

Heard at Chicago, December 16, 1947.

LINDLEY, Judge.

Complainant, a leading manufacturer and vendor of packaged food, including 5¢ candy bars, filed its complaint in this court after denial of its protest. An enforcement action is pending, charging that complainant manufactured, sold and delivered candy bars after May 11, 1942 materially reduced in size and weight to less than the lowest size and weight of those...

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