UNITED STATES v. GREAT ATLANTIC & PACIFIC TEA CO.

No. 13.

92 F.2d 610 (1937)

UNITED STATES v. GREAT ATLANTIC & PACIFIC TEA CO.

Circuit Court of Appeals, Second Circuit.

November 8, 1937.


Attorney(s) appearing for the Case

Walter S. Fenton, of Rutland, Vt., for appellant.

Joseph A. McNamara, U. S. Atty., of Burlington, Vt.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


SWAN, Circuit Judge.

This is an appeal from a conviction upon two counts of an information, each of which charged that the defendant received an interstate shipment of "prints" of butter, misbranded in respect to their weight, and offered them for sale at one of its stores in Vermont in violation of section 2 of the Food and Drugs Act (21 U.S.C.A. § 2). The butter was shipped from the defendant's warehouses outside the state of Vermont in cardboard shipping boxes...

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