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ANGLO-AMERICAN AND OVERSEAS CORPORATION v. UNITED STATES

No. 155, Docket 24194.

242 F.2d 236 (1957)

ANGLO-AMERICAN and OVERSEAS CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 4, 1957.

Attorney(s) appearing for the Case

Leonard Feldman, New York City, for plaintiff-appellant.

Paul W. Williams, U. S. Atty. for Southern District of New York, New York City (Miriam R. Goldman and Amos J. Peaslee, Jr., Asst. U. S. Attys., New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and J. JOSEPH SMITH, District Judge.

PER CURIAM.

Anglo-American and Overseas Corp., appellant, contracted to sell tomato paste to the United States, which required as a condition precedent to its acceptance of the paste that it satisfy the standards of the Food and Drug Administration. The paste was imported; and the Food and Drug Administration, after sampling it, issued "release notices" that notified Customs officers that the tomato paste could enter the country. Anglo-American then accepted delivery...

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