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UNITED STATES v. CATALDO

No. 4173.

157 F.2d 802 (1946)

UNITED STATES v. CATALDO.

Circuit Court of Appeals, First Circuit.

October 31, 1946.

Attorney(s) appearing for the Case

Vincent A. Kleinfeld, Atty., Dept. of Justice, and James B. Goding, Atty., Federal Security Agency, both of Washington, D. C., Theron L. Caudle, Asst. Atty. Gen., George F. Troy, U. S. Atty., and Joseph L. Breen, Asst. U. S. Atty., both of Providence, R. I., for appellant.

Michael Carchia and Charles B. Garabedian, both of Boston, Mass., for appellee.

Before MAHONEY, GOODRICH (by special assignment) and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This is an appeal from the dismissal of a libel brought under the Federal Food, Drug, and Cosmetic Act of 1938, 52 Stat. 1040, 21 U.S.C.A. § 301 et seq., for the condemnation of certain articles of food consisting of 193 cartons, more or less, each containing 18 boxes of a food labeled in part: "Benevento Brand Nougat Net Weight 9 Ounces Contains 18 Pieces Weighing ½ Ounce Each, Consisting of Sugar, Honey, Almonds, Egg Whites, Cinnamon...

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