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UNITED STATES v. 800 SACKS BARLEY MIXED OATS

No. 6624.

64 F.2d 678 (1933)

UNITED STATES v. 800 SACKS BARLEY MIXED OATS (E. E. ANDERSON, Intervener).

Circuit Court of Appeals, Fifth Circuit.

April 19, 1933.

Attorney(s) appearing for the Case

Ben F. Cameron, U. S. Atty., and Lester E. Wills, Asst. U. S. Atty., both of Meridian, Miss., for the United States.

J. L. Roberson and Sam C. Cook, Jr., both of Clarksdale, Miss., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

BRYAN, Circuit Judge.

The United States filed a libel to condemn two carloads of mixed barley and oats on the ground that they had been adulterated with water, in violation of section 7 of the Pure Food and Drugs Act of 1906, 21 USCA § 8. The averments as to adulteration were put in issue by appellee as owner and claimant of the grain.

According to the government's evidence, samples taken from one car contained 14.15, and from the other 14.33, per cent...

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