598 CASES, ETC. v. UNITED STATES

No. 10960.

211 F.2d 249 (1954)

598 CASES, EACH CONTAINING 24 CANS, MORE OR LESS OF TOMATOES v. UNITED STATES.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 9, 1954.


Attorney(s) appearing for the Case

Eugene M. Fife, Jr., Indianapolis, Ind., William K. Bachelder, Chicago, Ill., for appellant.

Joseph H. Lesh, U. S. Atty., Phil M. McNagny, Jr., Asst. U. S. Atty., Fort Wayne, Ind., Warren Olney, III, Asst. Atty. Gen., Leonard D. Hardy, Department of Health, Education and Welfare, Washington, D. C., for appellee.

Before DUFFY, LINDLEY and SCHNACKENBERG, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

This action is based upon a libel in rem filed by the plaintiff to condemn canned tomatoes produced by the claimant, Virgil Etchison, for alleged violation of the United States Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. From a summary judgment for plaintiff, claimant appeals to this court.

The libel, filed June 10, 1952, as amended, alleges that the canned tomatoes were shipped in interstate commerce from...

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