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230 BOXES, MORE OR LESS, OF FISH v. UNITED STATES

No. 10624.

168 F.2d 361 (1948)

230 BOXES, MORE OR LESS, OF FISH et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

May 24, 1948.

Attorney(s) appearing for the Case

John C. Ray, of Detroit, Mich. (John C. Ray, of Detroit, Mich., on the brief), for appellants.

Leonard D. Hardy, of Washington, D. C., and Joseph L. Bannigan, of Detroit, Mich. (Leonard D. Hardy, and T. Vincent Quinn, both of Washington, D. C., Thomas P. Thornton, Joseph L. Bannigan and Kenneth W. Smith, all of Detroit, Mich., on the brief), for appellee.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.

MARTIN, Circuit Judge.

The claimant, J. Kozloff Fish Distributors, has appealed from a decree of condemnation of fish, admittedly infested with parasitic worms, seized under libels of information filed in the United States District Court for the Eastern District of Michigan pursuant to section 334(a), Title 21 U.S.C.A., of the Federal Food, Drug, and Cosmetic Act, June 25, 1938, c. 675, § 304, 52 Stat. 1044.

The articles of food seized were transported...

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