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UNITED STATES v. FRENCH SARDINE CO.

No. 7943.

80 F.2d 325 (1935)

UNITED STATES v. FRENCH SARDINE CO., Inc.

Circuit Court of Appeals, Ninth Circuit.

December 2, 1935.

Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., of Seattle, Wash., and Owen P. Hughes, Asst. U. S. Atty., of Tacoma, Wash.

Arch E. Ekdale, of San Pedro, Cal. (Guy E. Kelly, of Tacoma, Wash., of counsel), for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

This action was begun by a libel in rem against 200 cases of tuna which were alleged to be "adulterated," as that term is defined in section 8, par. 6, title 21, U.S. C.A., being section 7, par. 6, of the Food and Drug Act of June 30, 1906. The French Sardine Company appeared as owners thereof and denied the truth of the allegation contained in the libel. The issue of fact was submitted to a jury which returned a verdict in favor of the claimant...

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