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UNITED STATES v. 449 CASES, ETC.

No. 166, Docket 22923.

212 F.2d 567 (1954)

UNITED STATES v. 449 CASES, CONTAINING TOMATO PASTE.

United States Court of Appeals, Second Circuit.

Decided April 22, 1954.

Attorney(s) appearing for the Case

Leonard P. Moore, U. S. Atty., Brooklyn, N. Y. (Warren Olney III, Asst. Atty. Gen., Gerard E. Molony, Asst. U. S. Atty., Brooklyn, N. Y., John T. Grigsby, Atty., Dept. of Justice, and Leonard D. Hardy, Atty., Dept. of Health, Education, and Welfare, Washington, D. C., on the brief), for libelant-appellant.

Leo Sussman, New York City, for claimant-appellee.

Before CLARK, FRANK, and HINCKS, Circuit Judges.

CLARK, Circuit Judge.

This appeal concerns a seizure proceeding under the Federal Food, Drug, and Cosmetic Act involving 449 cases of tomato paste allegedly "adulterated" within the meaning of § 402(a) (3) of that act, 21 U.S.C. § 342(a) (3). The government as libelant has sought — so far unsuccessfully — condemnation of the food in question upon a showing that it contained tissues rotted, but not...

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