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UNITED STATES v. 75 CASES, ETC.

No. 5254.

146 F.2d 124 (1944)

UNITED STATES v. 75 CASES, MORE OR LESS, EACH CONTAINING 24 JARS OF PEANUT BUTTER, LABELED IN PART (JARS): "TOP NOTCH BRAND", et al.

Circuit Court of Appeals, Fourth Circuit.

December 27, 1944.

Attorney(s) appearing for the Case

C. Ross McKenrick, Asst. U. S. Atty., of Baltimore, Md. (Bernard J. Flynn, U. S. Atty., of Baltimore, Md., Vincent A. Kleinfeld, Sp. Asst. to Atty. Gen., and Alvin M. Loverud, Atty., Federal Security Agency, of Washington, D. C., on the brief), for appellant.

Raymond M. Hudson, of Washington, D. C., and J. Charles Fagan, of Baltimore, Md., for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from an order and judgment of the District Court impounding certain evidence and documents, and dismissing five libels for condemnation, consolidated for trial, brought pursuant to the provisions of the Federal Food, Drug, and Cosmetic Act, June 25, 1938, c. 675, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq., hereinafter called the Act. The evidence and documents were impounded, and...

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