MATTER OF BRINGS SHORTENINGS, INC. v. WICKHAM


36 A.D.2d 553 (1971)

In the Matter of Brings Shortenings, Inc., Petitioner, v. Don J. Wickham, as Commissioner of Agriculture and Markets of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 14, 1971


On December 29, 1969 petitioner, a processor of animal and vegetable shortening, received a shipment of uninspected shortening which was unloaded from a truck, placed in a storage tank, packaged and labeled as pure vegetable shortening. Subsequent analysis of samples of the shortening produced abundant and uncontroverted evidence that the shortening contained a percentage of animal fat. Thus, notwithstanding petitioner's purported good faith and the alleged wholesomeness...

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