Chicago v. Fieldcrest Dairies, Inc., 316 U.S. 168 (1942)

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Chicago v. Fieldcrest Dairies, Inc.

No. 706

Argued March 30, 31, 1942
Decided April 27, 1942
316 U.S. 168

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

The issues involved in a suit in the District Court by a Michigan dairy corporation against an Illinois city and its officials were: first, whether a city ordinance requiring that milk be delivered in "standard milk bottles" should be interpreted as forbidding delivery in paper containers; second, whether, if the ordinance were deemed applicable, it was in conflict with an Illinois statute enacted while the suit was pending, and third, whether, if applicable and valid under the state law, it was invalid under the Federal Constitution. Held that the case should be held by the federal courts to await the outcome of a later suit in the state court in which another corporation, parent of the Michigan company, raied substantially the same issue. Railroad Commission v. Pullman Co., 312 U.S. 496, followed. P. 171.

122 F.2d 132, reversed.

Certiorari, 314 U.S. 604, to review a decree which, on appeal from a decree of the District Court, 35 F.Supp. 451, restrained the city and its officials from prohibiting the use by respondent of paper containers for the distribution of milk.