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CLINTON FOODS v. UNITED STATES

Nos. 6209, 6210.

188 F.2d 289 (1951)

CLINTON FOODS, Inc. v. UNITED STATES. CLINTON FOODS, Inc. v. MOORE, United States District Judge.

United States Court of Appeals Fourth Circuit.

Decided April 2, 1951.

Attorney(s) appearing for the Case

Stanley C. Morris, Charleston, W. Va. (Mark Candee, New York City, Charles W. Yeager and Steptoe & Johnson, all of Charleston, W. Va., on brief), for appellant and petitioner.

A. Garnett Thompson, U. S. Atty., Charleston, W. Va., and John T. Grigsby, Attorney, Department of Justice, Washington, D. C. (James M. McInerney, Asst. Atty. Gen., Vincent A. Kleinfeld and Frederick W. Becker, Attorneys, Department of Justice, and Paul M. Steffy, Attorney, Federal Security Agency, all of Washington, D. C., on brief), for appellee and respondent.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and WATKINS, District Judge.

PARKER, Chief Judge.

We have here an appeal from an order denying, on the ground of lack of power, a motion to transfer a condemnation proceeding from one federal district to another and a petition for a writ of mandamus to require the judge below to exercise the power. In April 1950 the United States instituted a condemnation proceeding under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. in the United States District Court for the Southern...

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