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UNITED STATES v. 149 GIFT PACKAGES, MORE, OR LESS, ETC.

Misc. No. 827.

52 F.Supp. 993 (1943)

UNITED STATES v. 149 GIFT PACKAGES, MORE OR LESS, LABELED IN PART "INGREDIENTS; SUGAR, CORN SYRUP, FLOUR, MALT, NUTS, COCOANUT AND CREAMERY BUTTER," etc.

District Court, E. D. New York.

December 11, 1943.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Morris K. Siegel, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for libelant.

David Haar, of New York City, for claimant.

BYERS, District Judge.

Motion to strike counterclaim.

In this cause the Government has libeled 149 Gift Packages of food stuffs, alleging them to be misbranded. They have been claimed by R. L. Albert & Son, Inc., in an answer which denies the alleged misbranding.

The claimant does not in terms, except in the counterclaim, admit that it shipped the 149 Gift Packages in interstate commerce, although perhaps it meant to do so by inference, since so...

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