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IN RE UNITED STATES

No. 10845.

140 F.2d 19 (1943)

In re UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 16, 1943.

Attorney(s) appearing for the Case

Golden N. Dagger, Sp. Asst. to Atty. Gen., and Jim C. Smith, U. S. Atty., of Birmingham, Ala., for petitioner.

Horace C. Wilkinson and Erle Pettus, both of Birmingham, Ala., for respondent.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

The United States in 1940 brought five libels under the Federal Food, Drug, and Cosmetic Act of 1938, 21 U.S.C.A. § 301 et seq., to condemn five lots of "ladle butter" and "packing stock butter" transported in interstate commerce to Cloverleaf Butter Co., because adulterated in that it "consists in part of a filthy animal substance". On seizure, Cloverleaf Butter Co. claimed the material, denied the adulteration, prayed for a more definite...

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