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UNITED STATES v. 94 DOZEN, ETC., HALF-GALLON BOTTLES

No. 4541.

51 F.2d 913 (1931)

UNITED STATES v. 94 DOZEN, MORE OR LESS, HALF-GALLON BOTTLES CAPON SPRINGS WATER (CAPON WATER CO., Claimant).

Circuit Court of Appeals, Third Circuit.

August 19, 1931.

Attorney(s) appearing for the Case

H. B. Lewis, Asst. U. S. Atty., of Philadelphia, Pa. (Elton L. Marshall and John B. O'Donnell, both of Washington, D. C., of counsel), for the United States.

B. M. Golder, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree (D. C.) 48 F.2d 378, dismissing the libel in the above-stated cause.

On January 28, 1928, the United States filed a libel under section 10 of the Food and Drugs Act (21 USCA § 14), and prayed for seizure and condemnation of 94 dozen half-gallon bottles of Capon Springs water, which had been shipped on January 20, 1928, from Capon Springs, W. Va., to Philadelphia, Pa...

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