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UNITED STATES v. NESBITT FRUIT PRODUCTS

No. 8748.

96 F.2d 972 (1938)

UNITED STATES v. NESBITT FRUIT PRODUCTS, Inc.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1938.

Attorney(s) appearing for the Case

Rene A. Viosca, U. S. Atty., and Robert Weinstein, Asst. U. S. Atty., both of New Orleans, La.

George Seth Guion, of New Orleans, La., John E. O'Hora, and M. J. Donnelly, both of Chicago, Ill., and C. J. Lynch, Jr., of Cedar Rapids, Iowa, for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The appeal is from a judgment of the court, jury having been waived, which refused to condemn and forfeit 492 cases of one gallon jugs labelled "Nesbitt's California Orange Juice Sweetened", with ingredients and directions following. The amended libel asserted "That the aforesaid product is adulterated in violation of section 7 of the Food & Drugs Act, paragraph fourth, in the case of food, 21 U.S. C.A. § 8, Food, par. 4, in that orange...

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