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UNITED STATES v. FIFTEEN CASES OF BRED SPRED, RASPBERRY FLAVOR

No. 4143.

35 F.2d 183 (1929)

UNITED STATES v. FIFTEEN CASES OF BRED SPRED, RASPBERRY FLAVOR, et al.

Circuit Court of Appeals, Seventh Circuit.

October 25, 1929.

Attorney(s) appearing for the Case

John F. Moore, of Washington, D. C., for the United States.

Carl J. Appell, of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

PAGE, Circuit Judge.

The government (appellant) libeled, in the United States District Court for the Southern District of Indiana, under the Food and Drugs Act (21 USCA § 1 et seq.), a food product called "Bred Spred," manufactured by claimant (appellee) at Chicago, and shipped into Indiana. Appellant abided by its overruled demurrer to each of the two paragraphs of appellee's answer, and the libel was dismissed.

The first paragraph of the answer sets...

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