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UNITED STATES v. WASHINGTON DEHYDRATED FOOD CO.

No. 10803.

89 F.2d 606 (1937)

UNITED STATES v. WASHINGTON DEHYDRATED FOOD CO.

Circuit Court of Appeals, Eighth Circuit.

April 24, 1937.

Attorney(s) appearing for the Case

Herbert H. Freer, Asst. U. S. Atty., of St. Louis, Mo. (Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Mastin G. White, Solicitor, U. S. Department of Agriculture, P. D. Cronin and J. B. O'Donnell, Attys., U. S. Department of Agriculture, all of Washington, D. C., on the brief), for the United States.

Henry H. Stern, of St. Louis, Mo. (Robert Burnett, B. L. Liberman, and Burnett, Stern & Liberman, all of St. Louis, Mo., on the brief), for appellee.

Before GARDNER and SANBORN, Circuit Judges, and MUNGER, District Judge.

SANBORN, Circuit Judge.

The United States, in April, 1935, filed a libel in the court below under section 10 of the Federal Food and Drugs Act of June 30, 1906 (34 Stat. 768, 771, 21 U.S.C. § 14 [21 U.S.C.A. § 14]), praying for the seizure and condemnation of 993 sacks, more or less, of apple chops (dehydrated sliced or chopped apples used for making apple butter) which had been shipped by the appellee from Yakima, Wash., to the account of the American Syrup...

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