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UNITED STATES v. 24 CANS CONTAINING BUTTER

No. 11040.

148 F.2d 365 (1945)

UNITED STATES v. 24 CANS CONTAINING BUTTER et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1945.

Attorney(s) appearing for the Case

Jim C. Smith, U. S. Atty., of Birmingham, Ala., for appellant.

Erle Pettus, Sr., Horace C. Wilkinson, and Victor H. Smith, all of Birmingham, Ala., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

Cloverleaf Butter Company is an operator in Birmingham, Alabama, under federal license, of a renovated butter factory.1 Claiming that packing stock butter consigned to Cloverleaf was adulterated in that it consisted in whole or in part of a filthy or decomposed animal substance, the United States brought libels of condemnation under the Federal Food, Drug and Cosmetic Act of 1938.2

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