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UNITED STATES v. TEN CASES, MORE OR LESS, BRED SPRED

No. 8984.

49 F.2d 87 (1931)

UNITED STATES v. TEN CASES, MORE OR LESS, BRED SPRED, Etc., et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 4, 1931.

Attorney(s) appearing for the Case

John B. O'Donnell, Asst. to Sol., U. S. Department of Agriculture, of Washington, D. C. (Ross R. Mowry, U. S. Atty., of Newton, Iowa, and W. Clifton Stone, Atty., Department of Justice, and Elton L. Marshall, Sol. U. S. Department of Agriculture, both of Washington, D. C., on the brief), for the United States.

George W. Lennon, of Chicago, Ill. (Daniel J. Schuyler, Charles Weinfeld, and William C. Graves, all of Chicago, Ill., on the brief), for appellees.

Before KENYON and BOOTH, Circuit Judges, and REEVES, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a judgment after a directed verdict in favor of claimant, Glaser, Crandell Company, intervener, in a libel by the United States against ten cases, more or less, of Bred Spred, strawberry flavor, and other articles of food of similar character.

The libel proceedings were brought by virtue of the Food and Drugs Act, 21 USCA § 1 et seq. (34 Stat. 768). The libel contained three charges of adulteration and five...

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