UNITED STATES v. 681 CASES, ETC.

No. 2931.

63 F.Supp. 286 (1945)

UNITED STATES v. 681 CASES, MORE OR LESS, CONTAINING "KITCHEN KLENZER".

District Court, E. D. Missouri, E. D.

November 19, 1945.


Attorney(s) appearing for the Case

Harry C. Blanton, U. S. Atty., of Sikeston, Mo., and Russell Vandivort, Asst. U. S. Atty., of St. Louis, Mo., for United States of America.

Adams, Moses & Culver, of Chicago, Ill., and Fordyce, White, Mayne, Williams & Hartman, Walter R. Mayne, and Joseph R. Long, all of St. Louis, Mo., for claimant, Fitzpatrick Bros., Inc.


MOORE, District Judge.

This is a libel filed by the United States under The Insecticide Act, Title 7, U.S. C.A. § 121 et seq., against 681 cases, more or less, each containing 40 13-ounce cans of "Kitchen Klenzer". The libel is based on and alleges that said Kitchen Klenzer was intended to be used as a "fungicide" within the meaning of the Act and that it was misbranded under the Act for two reasons: (1) that it consisted of inert ingredients and the percentage...

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