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UNITED STATES v. 716 CASES, ETC.

No. 3949.

179 F.2d 174 (1950)

UNITED STATES v. 716 CASES, MORE OR LESS, ETC., DEL COMIDA BRAND TOMATOES et al.

United States Court of Appeals Tenth Circuit.

January 5, 1950.

Attorney(s) appearing for the Case

John T. Grigsby, Washington, D. C. (Alexander M. Campbell, Assistant Attorney General, Cleon A. Summers, United States Attorney and John W. Crawford, Assistant United States Attorney, Muskogee, Okl., were with him on the brief; Vincent A. Kleinfeld and Edward K. Adelsheim, Washington, D. C., of counsel), for appellant.

No appearance or brief for appellee.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

Pursuant to Section 304(a) of the Federal Food, Drug and Cosmetic Act, 52 Stat. 1040 et seq., 21 U.S.C.A. § 334(a), a libel of information was filed by the United States for the seizure and condemnation of 716 cases of canned food labeled in part "Del Comida Brand Tomatoes Contents 1 Lb. 3 Oz". The libel alleged that the food was adulterated within the meaning of 21 U.S.C.A. § 342(b) (2) in that a product containing water had been...

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