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UNITED STATES v. TWO BAGS, ETC.

No. 9852.

147 F.2d 123 (1945)

UNITED STATES v. TWO BAGS, EACH CONTAINING 110 POUNDS, POPPY SEEDS, et al.

Circuit Court of Appeals, Sixth Circuit.

January 31, 1945.

Attorney(s) appearing for the Case

Fred H. Mandel, of Cleveland, Ohio (Tom C. Clark, of Washington, D. C., Don C. Miller and Fred H. Mandel, both of Cleveland, Ohio, James B. Goding, Atty., Federal Security Agency, of Boston, Mass., and Vincent A. Kleinfeld, of Washington, D. C., on the brief), for appellant.

George X. Levine, of New York City, for appellee.

Before HAMILTON, MARTIN, and McALLISTER, Circuit Judges.

MARTIN, Circuit Judge.

The District Court dismissed a complaint filed as a libel in rem on information by the United States Attorney for the Northern District of Ohio for the seizure and condemnation of two bags, more or less, each containing 110 pounds of poppy seeds, shipped in interstate commerce from Brooklyn, New York, to Cleveland, Ohio; and ordered the seized goods returned to the owner. The libel was grounded upon averments that the poppy seeds were adulterated...

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