BOWLES v. SWIFT & CO.

Civil Action No. 391.

56 F.Supp. 679 (1944)

BOWLES, Adm'r, Office of Price Administration, v. SWIFT & CO. et al.

District Court, D. Delaware.

July 31, 1944.


Attorney(s) appearing for the Case

John P. Le Fevre, District Enforcement Atty., of Dover, Del., Robert C. Barab, Enforcement Atty., of Wilmington, Del., Werner Ilsen, Regional Enforcement Executive, and Paul L. Ross, Regional Litigation Atty., both of New York City, and Albert I. Schmalholz, Enforcement Atty., of Brooklyn, N. Y., for plaintiff.

C. A. Southerland and William Poole (of Southerland, Berl & Potter), both of Wilmington, Del., for defendant Swift & Co.

James M. Tunnell, Jr., of Georgetown, Del., for defendants Eagle Poultry Co., Millsboro Poultry Co., and Stockley Poultry Co.

James M. Tunnell, Jr., of Georgetown, Del., and Milton E. Sahn, of New York City, for defendants H. & H. Poultry Co. and Acme Poultry Corporation.


LEAHY, District Judge.

1. Defendant Swift & Co. is a processor in Delaware of large quantities of live poultry. OPA, after investigating one plant of Swift & Co., found defendant had purchased 403,487 pounds of poultry from January 21 to February 17, 1944, from certain "live poultry dealers" who, it is claimed, had purchased the birds from growers. The affidavits shows that the poultry was purchased at the farms of the growers, paid for at farm weights, and...

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