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UNITED STATES v. AMERICAN PACKING CORP.

Civ. A. No. 132-52.

113 F.Supp. 223 (1953)

UNITED STATES v. AMERICAN PACKING CORP. et al.

United States District Court D. New Jersey.

May 29, 1953.

Attorney(s) appearing for the Case

Grover C. Richman, Jr., U. S. Atty., Roger M. Yancey, Asst. U. S. Atty., Newark, N. J., William M. Lytle, Sp. Asst. to the Atty. Gen., for plaintiff.

Hudspeth & Harris, by Harry Harris, Jersey City, N. J., for defendant William Schwartz.

MEANEY, District Judge.

This is an action for the recovery of statutory forfeitures and double damages pursuant to sections 3490 and 5438 of the Revised Statutes, 31 U.S.C.A. §§ 231-233. Subsequent to the filing of the complaint, an amended complaint was filed. Answers thereto have been filed by the defendants.

The Government now moves, pursuant to Fed.Rules Civ.Proc. rule 56 (a, c), 28 U.S.C.A. for entry of summary judgment on the issue of liability...

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