UNITED STATES v. NINETY-NINE CASES, ETC.

No. 1030 and Consolidated Cases.

89 F.Supp. 992 (1949)

UNITED STATES v. NINETY-NINE CASES, etc. SOUTHLAND FOUNTAIN FRUIT et al.

United States District Court E. D. Tennessee, S. D.

September 10, 1948 and October 27, 1949.


Attorney(s) appearing for the Case

O. T. Ault, United States Attorney, Chattanooga, Tennessee, for plaintiff.

Charles A. Noone, Chattanooga, Tennessee, for defendant.


DARR, Chief Judge.

The suit seeks to condemn articles of food, under the provisions of 21 U.S.C.A. § 342(b) (2) and § 343(g), upon the claim of adulteration and misbranding. The claimant made answer and denied these contentions.

The products seized were small fourteen ounce jars, which claimant sold to wholesale groceries and retail stores, and bore different labels as follows: "Southland Peach Fountain...

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