Scoblick Brothers, Inc., plant located in the State of Maine where they were picked, washed, packed, and transported by truck direct to the pie-makers named for use by said pie-makers as one of the ingredients in the manufacture of pies.
4. That since the entry of this Court's decree, the defendant, Scoblick Brothers, Inc., purchased apples in the State of Virginia.
5. That since the entry of this Court's decree, the defendants have not engaged in and have not operated the business of a dealer, broker or commission merchant in perishable agricultural commodities in interstate commerce without a license issued to it under the Act.
Conclusions of Law.
1. No producer shall be considered as a 'dealer' in respect of sales of any such commodity of his own raising. 7 U.S.C.A. § 499a(6).
2. No person buying any such commodity for canning and/or processing within the State where grown shall be considered a 'dealer' whether or not the canned or processed product is to be shipped in interstate or foreign commerce. 7 U.S.C.A. § 499a(6).
3. The transactions involving blueberries were conducted by Scoblick Brothers, Inc., as a processor of fruit for persons engaged in the business of making pies.
4. The Government has failed to sustain its burden of proving that the defendants were engaged in the business of buying or selling in carloads any perishable agricultural commodity in interstate or foreign commerce.
5. The Government has failed to prove beyond a reasonable doubt that the defendants, since the entry of this Court's decree of injunction on January 6, 1949, have knowingly, wilfully, wrongfully, and deliberately disobeyed and violated said injunction decree.
The defendants are not guilty of criminal contempt of the decree of injunction issued by this Court on January 6, 1949, and an appropriate order will be made.
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