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CHICAGO v. FIELDCREST DAIRIES

No. 706.

316 U.S. 168 (1942)

62 S.Ct. 986

86 L.Ed. 1355

CHICAGO ET AL. v. FIELDCREST DAIRIES, INC.

Supreme Court of United States.

Decided April 27, 1942.

Attorney(s) appearing for the Case

Messrs. James A. Velde and Walter V. Schaefer, with whom Mr. Barnet Hodes was on the brief, for petitioners.

Mr. Fred A. Gariepy, with whom Mr. Owen Rall was on the brief, for respondent.

By special leave of Court, Mr. Albert E. Hallett, Assistant Attorney General of Illinois, with whom Mr. George F. Barrett, Attorney General, was on the brief, for the State of Illinois, as amicus curiae.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Respondent, a Michigan corporation authorized to do business in Illinois, sells milk to wholesalers and retailers in various cities in the vicinity of Chicago. By an ordinance passed on January 4, 1935, the City of Chicago required that milk or milk products "sold in quantities of less than one gallon shall be delivered in standard milk bottles." § 3094. Respondent sought a permit from petitioner Board of...

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