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338 CARTONS, ETC. v. UNITED STATES

No. 5629.

165 F.2d 728 (1947)

338 CARTONS, MORE OR LESS, OF BUTTER et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

December 24, 1947.

Attorney(s) appearing for the Case

W. G. Stathers, of Clarksburg, W. Va. (George Richardson, Jr., of Bluefield, W. Va., on the brief), for appellant.

Vincent A. Kleinfeld, Atty., Dept. of Justice, of Washington, D. C. (T. Vincent Quinn, Asst. Atty. Gen., and Leslie E. Given, U. S. Atty., of Charleston, W. Va., on the brief), for appellee.

Before SOPER and DOBIE, Circuit Judges, and CHESNUT, District Judge.

DOBIE, Circuit Judge.

This appeal is the result of three libel proceedings instituted by the United States (hereinafter called the Government) under the provisions of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 334(a), (hereinafter called the Act) in which the Government sought the seizure and condemnation of three lots of butter owned by the Bowser Sales & Trading Corporation of Sisterville, West Virginia, (hereinafter called the claimant) and...

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