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UNITED STATES v. 2 BAGS, ETC.

Civ. No. 21092.

54 F.Supp. 706 (1944)

UNITED STATES v. 2 BAGS, MORE OR LESS, EACH CONTAINING 110 POUNDS POPPY SEEDS.

District Court, N. D. Ohio, E. D.

February 3, 1944.

Attorney(s) appearing for the Case

Don Miller, U. S. Atty., and F. B. Kavanagh, Asst. U. S. Atty., both of Cleveland, Ohio, for plaintiff.

George N. Levine, of Brooklyn, N. Y., and Marc J. Grossman, of Cleveland, Ohio, for defendant.

WILKIN, District Judge.

This is a civil action in which the plaintiff seeks judgment that certain bags of poppy seeds shipped by Arco Products Company in interstate commerce be seized and confiscated.1 The gravamen of the complaint is that the seeds were adulterated within the meaning of Section 342(b) (3) and Section 342(b) (4) of Title 21 U.S. C.A. The defendant contends that there is no basis for the complaint in fact or law. In last...

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