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UNITED STATES v. 3 UNLABELED 25-POUND BAGS DRIED MUSHROOMS

No. 8988.

157 F.2d 722 (1946)

UNITED STATES v. 3 UNLABELED 25-POUND BAGS DRIED MUSHROOMS, et al. BEITCH v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

October 17, 1946.

Attorney(s) appearing for the Case

Benjamin F. Morrison, of Chicago, Ill., for appellant.

J. Albert Woll, U. S. Atty., John M. Kiely and M. C. Handelman, Asst. U. S. Attys., all of Chicago, Ill., Theron L. Caudle, Asst. Atty. Gen., of Washington, D. C. (Vinsent A. Kleinfeld, Atty., Department of Justice, of Washington, D. C., of counsel), for appellee.

Before SPARKS and MINTON, Circuit Judges, and BRIGGLE, District Judge.

MINTON, Circuit Judge.

The United States filed a libel against three bags and two boxes of mushrooms shipped in interstate commerce, claiming they were adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act.1 One H. Beitch, doing business as the Russian-Polish Importing Company, appeared as claimant and answered, taking issue among other things with the allegation that the...

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