Bayside Fish Flour Co. v. Gentry
Decision Date | 31 August 1934 |
Docket Number | No. 3721.,3721. |
Citation | 8 F. Supp. 67 |
Parties | BAYSIDE FISH FLOUR CO. v. GENTRY et al. |
Court | U.S. District Court — Northern District of California |
Roy Daily, of San Francisco, Cal., for plaintiff.
U. S. Webb, Atty. Gen., for defendants.
Before WILBUR, Circuit Judge, and ST. SURE and KERRIGAN, District Judges.
Plaintiff is a corporation engaged in the business of manufacturing, under a patented process, fish flour from sardines caught on the high seas beyond the three-mile limit of the state of California. Its plant is located at Point San Pablo, this state. Suit is brought by plaintiff against members of the fish and game commission, its executive officer, and the Attorney General, all officers of the state, to enjoin the execution of certain provisions of Act 2870, establishing a Fish and Game Code (St. 1933, p. 394; Deering's Gen. Laws Supplement 1933, p. 1418), revising and consolidating the law of California relating to fish and game and other wild life, and containing, among other things, commercial fishing regulations. Under the provisions of the Code, a license was issued to the plaintiff by the state "to can, cure, preserve or pack fish which are taken in the waters of this state, or fish brought into this state in a fresh condition, or to manufacture fish-scrap, fish-meal, fish-oil, chicken-feed or fertilizer from fish or fish offal, or to deal in mollusks or crustaceans by wholesale."
The sections of the Code involved read as follows:
Plaintiff alleges in its bill "that the construction placed by the Fish and Game Commission upon sections 1064, 1065, and 1076 violates the Fourteenth Amendment to the Constitution of the United States, * * * in that the People of the State of California will not permit this plaintiff to manufacture a product for human consumption by a reduction process either with or without a permit"; that said sections prohibit plaintiff from taking and using sardines unless it operates a canning or packing plant within the state, but permit other residents, to wit, packers or "canners of one-pound oval cans," to use unlimited quantities of sardines taken from the waters of the state or from the ocean beyond the three-mile limit; that plaintiff may only take and use sardines in unlimited quantities provided it put them in tin cans, and pl...
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Bayside Fish Flour Co v. Gentry
...that it did not state facts sufficient to constitute a cause of action or to entitle appellant to any relief by injunction or otherwise. 8 F.Supp. 67. We are of opinion that this decree must be Appellant is a California corporation engaged in the business of manufacturing, from the meat of ......
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