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UNITED STATES v. 935 CASES MORE OR LESS, ETC.

No. 9514.

136 F.2d 523 (1943)

UNITED STATES v. 935 CASES MORE OR LESS, EACH CONTAINING 6 NO. 10 CANS TOMATO PUREE.

Circuit Court of Appeals, Sixth Circuit.

June 22, 1943.

Attorney(s) appearing for the Case

F. B. Kavanagh, of Cleveland, Ohio, (Don C. Miller, of Cleveland, Ohio, on the brief), for appellant.

Edwin H. Chaney, of Cleveland, Ohio (Squire, Sanders & Dempsey, of Cleveland, Ohio, and W. C. Bachelder and Bachelder & Bachelder, all of Indianapolis, Ind., on the brief), for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

The United States Attorney for the Northern District of Ohio filed, in behalf of the United States, a libel in rem against a quantity of tomato puree shipped by appellee, Ladoga Canning Company, in interstate commerce from Lebanon, Indiana, to Cleveland, Ohio. The complaint charged that, under the Federal Food, Drug, and Cosmetic Act, the food was subject to seizure and confiscation pursuant to U.S.C.A., Title 21, Section 334, as adulterated...

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