United States v. Turlock Dehydrating & Packing Co.
Opinion
lead Opinion
Lemmon, J.
When the United States, through its Food and Drug ■Administration, condemned the raisins that had been subsidized by the Government-owned Commodity Credit Corporation, it was acting in a sovereign and not in a so-called “proprietary” capacity.
In seizing the “moldy”, “rotten”, and “insect-damaged” dried fruit, the Federal agents were protecting the health of the people, literally to—
“Let them not lick
The sweet which is their poison.” 1
Accordingly, the plaintiff’s rights herein are not to be measured by the standards of the market place.
1. The Complaint
The complaint was filed on May 4, 1951. Its salient allegations follow:
This action is based on a claim of the Commodity Credit Corporation, hereinafter referred to as “Commodity”, over which jurisdiction is conferred on this Court by 15 U.S.C.A. § 714b(c).
Commodity, the Federal chartered corporation, is the successor of a State-chartered corporation of the same name, organized under the laws of Delaware. The claims of the Delaware corporation have been transferred to Commodity by virtue of 15 U.S.C.A. § 714n. The references to Commodity in the complaint are to the Delaware corporation.