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UNITED STATES v. 935 CASES, ETC.

Civ. No. 21218.

65 F.Supp. 503 (1946)

UNITED STATES v. 935 CASES, MORE OR LESS, EACH CONTAINING 6 NO. 10 CANS OF TOMATO PUREE.

District Court, N. D. Ohio, E. D.

April 16, 1946.

Attorney(s) appearing for the Case

Don C. Miller, U. S. Dist. Atty., of Cleveland, Ohio, for plaintiff.

Edwin H. Chaney, of Cleveland, Ohio, and Bachelder & Bachelder, of Indianapolis, Ind., for defendants.

JONES, District Judge.

The United States, by amended complaint, seeks to condemn 935 cases, more or less, of tomato puree shipped in interstate commerce by the Ladoga Canning Company, Lebanon, Ind., as consignor to the Weideman Company in Cleveland, as consignee.

Several samples of the tomato puree were seized and examined by the Food and Drug Administrator in the warehouse or storeroom of the consignee.

The consignor has answered and while admitting...

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