United States v. Urbuteit (336 U.S. 804)
U.S. Supreme Court · decided May 2, 1949 · Supreme Court Database (Spaeth)
- Citation
- 336 U.S. 804 · 69 S. Ct. 840
- Decided
- May 2, 1949
- Term
- October Term 1948
- Vote
- 9–0
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Per Curiam. The question presented by this petition is whether the Court of Appeals followed our mandate on remand of the cause in 335 U. S. 355. The case when it was here earlier this Term appeared in the following posture: A condemnation proceeding was instituted by the United States under the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 1044, 21 U. S. C. § 334). Sixteen machines with alleged diagnostic and curative capabilities had been shipped in interstate commerce. Leaflets describing the uses of the machine had been shipped at a separate time. The Court of Appeals had held that the separate shipments of the machines and leaflets precluded a conclusion that the leaflets had accompanied the device in interstate commerce, and therefore the transaction was outside the reach of the Act. We reversed the Court of Appeals and held that the separate shipment of the machines and leaflets constituted a single interrelated activity. On remand the Court of Appeals concluded that because there were several shipments of machines and a single shipment of advertising matter, it was not clear which shipments might be considered a single interrelated activity. Therefore, it remanded the case to the District Court for a determination of this fact. 172 F. 2d 386. When the case was here before, we decided that the fact of separate shipments of machines and leaflets was immaterial.…
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