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UNITED STATES v. 88 CASES, MORE OF LESS, ETC.

No. 10170.

187 F.2d 967 (1951)

UNITED STATES v. 88 CASES, MORE OR LESS, CONTAINING BIRELEY'S ORANGE BEVERAGE.

United States Court of Appeals Third Circuit.

Decided March 23, 1951.

As Amended May 3, 1951.

Rehearing Denied May 28, 1951.

Attorney(s) appearing for the Case

Henry S. Drinker, Philadelphia, Pa. (Hayward H. Coburn, Philadelphia, Pa., Lester E. Waterbury, Arthur D. Wingebach, and Stanley Thea, all of New York City, Joseph J. Summerill, Jr., Sidney P. McCord, Jr., Camden, N. J., on the brief), for appellant.

Grover C. Richman, Jr., Camden, N. J. (Alfred E. Modarelli, U. S. Atty., Newark, N. J., Edward E. Turkel, Washington, D. C., Edward K. Edelshein, Attorneys, Federal Security Agency, on the brief), for appellee.

Before MARIS, McLAUGHLIN, and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

Pursuant to its libel charging economic adulteration of certain food within the meaning of Section 402(b) (4) of the Federal Food, Drug and Cosmetic Act,1 the United States seized for condemnation 88 cases of an article of food labeled "Bireley's Orange Beverage".2 The charges thus asserted were tried to a jury in the District Court for the District of New Jersey with a resultant finding...

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