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UNITED STATES v. 1,500 CASES MORE OR LESS, ETC.

Nos. 11544-11547.

236 F.2d 208 (1956)

UNITED STATES of America, Libellant-Appellant, v. 1,500 CASES MORE OR LESS, TOMATO PASTE, et al., Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

July 13, 1956.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., Frank J. Kiernan, Criminal Division, U. S. Department of Justice, Washington, D. C. (Warren Olney, III, Asst. Atty. Gen., Leonard D. Hardy, Washington, D. C., Deptment of Health, Education, and Welfare, on the brief), for appellant.

Edward T. Duday, Marion A. Hoy, Oak Park, Ill., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This is an appeal by the United States from the judgments in the combined prosecution of four libels (designated in the District Court as 54-C-1754, 54-C-1820, 54-C-1833 and 55-C-70) condemning approximately 10,370 cases of tomato paste as "adulterated" within the meaning of 21 U.S.C.A. § 334(a). The paste was canned by the Smith Canning Company in Clearfield, Utah, and shipped to Chicago where it was seized by the United States Marshal...

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