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KNAPP v. CALLAWAY

52 F.2d 476 (1931)

KNAPP et al. v. CALLAWAY, Chief of New New York Station of Department of Agriculture, et al.

District Court, S. D. New York.

August 5, 1931.

Attorney(s) appearing for the Case

Blackwell Bros., of New York City (James Madison Blackwell, and E. B. Bellinger, both of New York City, of counsel), for plaintiffs.

George Z. Medalie, U. S. Atty., of New York City (Maurice De Koven, Asst. U. S. Atty., of New York City, and James B. Horigan, Asst. Sol., Department of Agriculture, of Washington, D. C., of counsel), for defendants.

BONDY, District Judge.

This is a suit to enjoin officers of the Department of Agriculture from detaining certain shipments of dried egg yolk belonging to the plaintiffs and from basing the standard of dried egg yolk, for purposes of admissibility into the United States, upon the department's fatty acid test.

Section 2 of the Food and Drugs Act (21 USCA § 2) prohibits the importation of any article of food which is adulterated, and section 7 (21 USCA ...

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