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U.S. Supreme Court

Cloverleaf Butter Co. v. Patterson, 315 U.S. 148 (1942)

Cloverleaf Butter Co. v. Patterson

No. 28

Argued December 9, 10, 1941

Decided February 2, 1942

315 U.S. 148


1. Acting under authority of a state statute, state officials inspected and seized packing stock butter acquired by a manufacturer for use in the manufacture of renovated butter for interstate commerce. Held, that such state action was inconsistent with and excluded by the federal laws and regulations relating to the manufacture of renovated butter. Internal Revenue Code, §§ 2320-2327. P. 315 U. S. 167.

2. By the regulatory provisions of Internal Revenue Code, § 2325, the entire process of manufacture of renovated butter is subject to federal supervision. P. 315 U. S. 154.

3. The federal legislation involved here is not solely a revenue measure; it is authorized by the Commerce Clause. P. 315 U. S. 162.

4. Section 1 of the Act of May 9, 1902, providing that importations of renovated butter shall be subject to the laws of the State as though produced therein, is inapplicable to the present case. P. 315 U. S. 161.

5. The effect of § 4 of the Act of May 9, 1902, is that state action in respect of renovated butter is not foreclosed merely by federal taxation in this field. Such state action may, however, as here, be superseded by the exercise of other federal power. P. 315 U. S. 162.

6. Where Congress exercises its power over interstate commerce by legislation with which a regulation by the State conflicts, either expressly or impliedly, such state regulation becomes inoperative, and the federal legislation exclusive in its application. Pp. 315 U. S. 155-156.

116 F.2d 227 reversed.

Certiorari, 313 U.S. 551, to review the affirmance of a decree dismissing the bill in a suit for an injunction. chanrobles.com-red

Page 315 U. S. 150


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