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UNITED STATES v. ARIZONA CANNING CO.

No. 4773.

212 F.2d 532 (1954)

UNITED STATES v. ARIZONA CANNING CO.

United States Court of Appeals Tenth Circuit.

April 23, 1954.

Attorney(s) appearing for the Case

James W. Heyer, Asst. U. S. Atty. for the Dist. of Colorado, Denver, Colo. (Warren Olney III, Asst. Atty. Gen., Washington, D. C., and Donald E. Kelley, U. S. Atty. for the Dist. of Colorado, Denver, Colo., on the brief), for appellant.

Carl A. Wyers, Denver, Colo., for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

In a libel proceedings brought under the Federal Food, Drug, and Cosmetic Act, § 304(a), 52 Stat. 1044, 21 U.S.C.A. § 334(a), the court gave judgment for the government with costs, but limited the allowance for travel of two government witnesses to 100 miles from the place of trial at Denver, Colorado. In so doing, the court followed what it deemed the mandate of Rule 45(e)(1), Federal Rules of Civil Procedure, 28 U.S.C.A., which authorizes...

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