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FRESH GROWN PRESERVE CORP. v. UNITED STATES

No. 9713.

143 F.2d 191 (1944)

FRESH GROWN PRESERVE CORPORATION v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

May 31, 1944.

Attorney(s) appearing for the Case

Louis Halle, of New York City (Edmonds & Harter, of Columbus, Ohio, and Halle, Halle & Rowen, of New York City, on the brief), for appellant.

R. J. O'Donnell, of Columbus, Ohio (Calvin Crawford, of Cincinnati, Ohio, R. J. O'Donnell, of Columbus, Ohio, and Vincent A. Kleinfeld, of Washington, D. C., on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

Charging adulteration and misbranding in violation of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq., the United States, by its attorney for the Southern District of Ohio, filed a libel against one hundred ninety-six cases, containing six cans each, of an article of food labeled under six assorted flavors as "Nature's Own Pure" blackberry, apricot, grape, loganberry, peach and raspberry jam. The libel alleged that the...

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