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UNITED STATES v. 5 CASES, ETC.

No. 81, Docket 21430.

179 F.2d 519 (1950)

UNITED STATES v. 5 CASES, MORE OR LESS, CONTAINING "FIGLIA MIA BRAND", etc., et al. (5 cases).

United States Court of Appeals Second Circuit.

Decided January 10, 1950.

Attorney(s) appearing for the Case

Avrutis & Zizmor, New York City, Julius Zizmor, New York City, of counsel, for appellant.

Alexander M. Campbell, Assistant Attorney General, and Adrian W. Maher, United States Attorney, Hartford, Conn., Vincent A. Kleinfeld and John T. Grigsby, Attorneys, Department of Justice, Washington, D. C., and Edward K. Adelsheim, Attorney, Federal Security Agency, of counsel, for appellee.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by Antonio Corrao Corporation from a decree condemning certain cases of edible oils which the appellant had blended in its plant in Brooklyn, New York, and shipped to purchasers in Connecticut in June 1948. The libel of information in each of the five consolidated proceedings alleged that the oil was adulterated within the meaning of the Federal Food, Drug and Cosmetic Act,1 in that (1) it contained...

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