UNITED STATES v. PHELPS DODGE MERCANTILE CO.

No. 11249.

157 F.2d 453 (1946)

UNITED STATES v. PHELPS DODGE MERCANTILE CO.

Circuit Court of Appeals, Ninth Circuit.

September 25, 1946.


Attorney(s) appearing for the Case

Theron L. Caudle, Asst. Atty. Gen., F. E. Flynn, U. S. Atty., of Phoenix, and John P. Dougherty, Asst. U. S. Atty., of Tucson, Ariz. (Vincent A. Kleinfeld, Atty., Dept. of Justice, and Arthur A. Dickerman, Atty., Federal Security Agency, both of Washington, D. C., of counsel), for appellant.

Knapp, Boyle, Bilby, & Thompson and Arthur Henderson, all of Tucson, Ariz., for appellee.

Before MATHEWS, HEALY and BONE, Circuit Judges.


MATHEWS, Circuit Judge.

On an amended libel of information filed on September 28, 1945, appellant, the United States, proceeded against 175 cartons of food (150 cartons of spaghetti and 25 cartons of macaroni) in possession of appellee, Phelps Dodge Mercantile Company, in the District of Arizona. The amended libel, hereafter called the libel, prayed that the food be seized and condemned. The food was seized. Appellee excepted to the sufficiency of the libel. The exception...

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