UNITED STATES v. 7 BARRELS, ETC.

No. 8381.

141 F.2d 767 (1944)

UNITED STATES v. 7 BARRELS, ETC., OF SPRAY DRIED WHOLE EGG. SAME v. MARSHALL KIRBY & CO., Inc.

Circuit Court of Appeals, Seventh Circuit.

March 15, 1944.


Attorney(s) appearing for the Case

B. Howard Caughran and Paul A. Pfister, U. S. Atty., both of Indianapolis, Ind., and Tom C. Clark, Asst. Atty. Gen., and Golden N. Dagger, Sp. Asst. to the Atty. Gen., for appellant.

Arthur L. Israel, of Chicago, Ill., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

The Government appeals from a judgment dismissing its libel for want of jurisdiction. The libel, alleging adulteration, had been filed against one lot of seven barrels of dried eggs which it sought to condemn under the provisions of § 304(a) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a). The claimant by answer asserted ownership of the property and interposed two defenses, first, that the libel failed to state facts...

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