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UNITED STATES v. 1851 CARTONS, ETC.

No. 2960.

146 F.2d 760 (1945)

UNITED STATES v. 1851 CARTONS LABELED IN PART H. & G. FAMOUS BOOTH SEA FOODS WHITING FROSTED FISH et al.

Circuit Court of Appeals, Tenth Circuit.

January 8, 1945.

Attorney(s) appearing for the Case

Bart W. O'Hara, of Denver, Colo. (Thos. J. Morrissey, U. S. Dist. Atty., of Denver, Colo., Tom C. Clark, Asst. Atty. Gen., Vincent A. Kleinfeld, Sp. Asst. to Atty. Gen., and James B. Goding, of Boston, Mass., on the brief), for appellant.

Hyman D. Landy, of Denver, Colo. (Graham Susman, of Denver, Colo., on the brief), for appellee.

Before PHILLIPS and MURRAH, Circuit Judges, and RICE, District Judge.

MURRAH, Circuit Judge.

In pursuance of Section 304(a) of the Federal Food, Drug, and Cosmetic Act of June 25, 1938, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq., the United States instituted a libel of information in the United States District Court for the District of Colorado, seeking condemnation of approximately 1851 cartons of frozen fish, each containing 15 pounds, and allegedly consisting "wholly or in part of a decomposed substance", which had been shipped...

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