PEOPLE v. RATH PACKING CO.

Docket No. 13705.

44 Cal.App.3d 56 (1974)

118 Cal. Rptr. 438

THE PEOPLE, Plaintiff and Respondent, v. RATH PACKING COMPANY, Defendant and Appellant; C.B. CHRISTENSEN, as Director, etc., Intervener and Respondent.

Court of Appeals of California, Fourth District, Division Two.

December 10, 1974.


Attorney(s) appearing for the Case

COUNSEL

Gibson, Dunn & Crutcher, Dean C. Dunlavey, Clayson, Stark, Rothrock & Mann and Roy H. Mann for Defendant and Appellant.

Byron C. Morton, District Attorney, and Gerold von Phalen-Fedoroff, Deputy District Attorney, for Plaintiff and Respondent.

Evelle J. Younger, Attorney General, Carl Boronkay, Assistant Attorney General, Herschel T. Elkins and Allan J. Goodman, Deputy Attorneys General, for Intervener and Respondent.


OPINION

KERRIGAN, J.

This is an action by the government to enjoin a national meat processor from selling allegedly short-weight packages of bacon at the retail level. From a summary judgment granting the injunction, the packing company appeals.

We hold the court erred in deciding the case summarily. Factual issues exist which can be resolved only by a trial on the merits.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases