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UNITED STATES v. 24 CASES, ETC.

No. 474.

87 F.Supp. 826 (1949)

UNITED STATES v. 24 CASES, MORE OR LESS et al.

United States District Court D. Maine, N. D.

As Amended December 1, 1949.

Attorney(s) appearing for the Case

Alton A. Lessard, U. S. Atty., Portland, Maine, Edward J. Harrigan, Asst. U. S. Atty., Portland, Maine, for plaintiff.

Nathan W. Thompson, Portland, Maine, for defendants.

CLIFFORD, District Judge.

This is a motion by claimant to dismiss a libel in rem in so far as the libel relates to that part of the libelled goods, consisting of twenty-four cases of canned herring roe. The libel was brought by the United States of America under the Federal Food, Drug and Cosmetic Act, 1938, 52 Stat. 1040, c. 675, 21 U.S.C.A. § 301 and following, for the seizure and condemnation, under section 334 of said Act, of two lots of canned herring roe...

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