UNITED STATES v. 449 CASES, ETC.

No. M-1566.

111 F.Supp. 478 (1953)

UNITED STATES v. 449 CASES, MORE OR LESS, CONTAINING TOMATO PASTE.

United States District Court, E. D. New York.

April 8, 1953.


Attorney(s) appearing for the Case

Frank J. Parker, U. S. Atty., by Gerard E. Molony, Asst. U. S. Atty., Brooklyn, N. Y., for the United States.

Leo Sussman, New York City, for claimant.


BYERS, District Judge.

This is a seizure proceeding under the Food and Drug Act, 21 U.S.C.A. § 301 et seq., involving 449 cases each containing 10 ten-pound cans of tomato paste out of a shipment of 500 slatted wooden cases, which were landed in this District on April 9, 1951, the entry being in bond. The import cost, including duty, etc., was in excess of $9,000.

On April 10, 1951 samples were taken, namely five cans, by the Federal Security Agency,...

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