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UNITED STATES v. KENT FOOD CORPORATION

Nos. 259, 260, Dockets 20970, 20971.

168 F.2d 632 (1948)

UNITED STATES v. KENT FOOD CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 16, 1948.

Attorney(s) appearing for the Case

John T. Grigsby, Atty., Dept. of Justice, of Washington, D. C. (J. Vincent Keogh, U. S. Atty., and Morris K. Siegel, Asst. U. S. Atty., both of Brooklyn, N. Y., and James B. Goding, Atty., Federal Security Agency, of Washington, D.C., on the brief), for appellant.

David Bergner, of New York City (Bergner & Bergner and Samuel H. Friedman, all of New York City, on the brief), for appellees.

Before SWAN, CLARK, and FRANK, Circuit Judges.

CLARK, Circuit Judge.

This appeal presents the question whether food condemned as adulterated in interstate commerce under the prohibition of the Federal Food, Drug, and Cosmetic Act, § 304, 21 U.S.C.A. § 334, may be released to the owners for export to another country. The district court, in an endeavor to conserve food available for human consumption and relying upon a provision of the Act exempting food products intended for export, § 801(d), 21...

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