UNITED STATES v. O. F. BAYER & CO.

Nos. 213-215, Dockets 21946-21948.

188 F.2d 555 (1951)

UNITED STATES v. O. F. BAYER & CO. UNITED STATES v. SAVOY TEA & COFFEE CO., Inc. UNITED STATES v. POLIN BROS., Inc.

United States Court of Appeals Second Circuit.

Decided April 20, 1951.


Attorney(s) appearing for the Case

Arthur B. Colwin, New York City, for claimants, Franklyn M. Stone, New York City, on the brief.

James M. McInerney, Asst. Atty. Gen., Frank J. Parker, U. S. Atty., Morris K. Siegel, Asst. U. S. Atty., Brooklyn, N. Y., for the United States as appellee, Vincent A. Kleinfeld, Atty., Dept. of Justice, and Paul M. Steffy, Atty., Federal Security Agency, Washington, D. C., of counsel.

Irving H. Saypol, U. S. Atty., New York City, for the United States as appellant, William F. Passannante, Asst. U. S. Atty., New York City, of counsel.

Before SWAN, CHASE and FRANK, Circuit Judges.


SWAN, Circuit Judge.

These appeals bring up for review three libels for seizure and condemnation under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.A. § 301 et seq., of green coffee beans. The cases were tried to the court without a jury, two in the Eastern District of New York and one in the Southern District. The coffee beans involved in the three actions were all part of a common lot of 253 bags which were shipped in interstate commerce from Hoboken...

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