UNITED STATES v. 20 CASES, ETC., OF JELL-O


77 F.Supp. 231 (1947)

UNITED STATES v. 20 CASES, ETC., OF JELL-O.

District Court, S. D. New York.

August 12, 1947.


Attorney(s) appearing for the Case

Lester E. Waterbury, of New York City, for claimant.

John F. X. McGohey, U. S. Atty., of New York City, for libellant.


BRIGHT, District Judge.

Libellant's motion to vacate, as improper, claimant's notice to take the deposition of the Commissioner of Food and Drug Administration etc., dated December 9, 1946, is denied. Section 304(b), 21 U.S. C.A. § 334, of the Food, Drug and Cosmetic Act, applies to the seizure of property by process in rem; thereafter proceeding in the action, which is civil in its nature, is governed by the Rules of Civil Procedure. Three and Forty-Four Hundred...

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