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SWIFT & CO. v. WICKHAM

No. 9.

382 U.S. 111 (1965)

86 S.Ct. 258

15 L.Ed.2d 194

SWIFT & CO., INC., ET AL. v. WICKHAM, COMMISSIONER OF AGRICULTURE & MARKETS OF NEW YORK.

Supreme Court of United States.

Decided November 22, 1965.

Attorney(s) appearing for the Case

William J. Condon argued the cause for appellants. With him on the brief were William J. Colavito, William P. Woods, Arthur C. O'Meara, Earl G. Spiker and Edmund L. Jones.

Samuel A. Hirshowitz, First Assistant Attorney General of New York, argued the cause for appellee. With him on the brief were Louis J. Lefkowitz, Attorney General, and Philip Kahaner, Lester Esterman and Joel Lewittes, Assistant Attorneys General.

Joseph O. Parker and L. Alton Denslow filed a brief for the Institute of American Poultry Industries, as amicus curiae, urging reversal.

Solicitor General Marshall, Assistant Attorney General Douglas, Jack S. Levin, Sherman L. Cohn and Richard S. Salzman filed a brief for the United States, as amicus curiae, urging affirmance.

MR. JUSTICE HARLAN delivered the opinion of the Court.

Appellants, the Swift and Armour Companies, stuff, freeze, and package turkeys which they ship to retailers throughout the country for ultimate sale to consumers. Each package is labeled with the net weight of the particular bird (including stuffing) in conformity with a governing federal statute, the Poultry Products Inspection Act of 1957, 71 Stat. 441, 21 U. S. C. § 451-469 (1964 ed.), and the regulations...

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