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  5. 249 F.2d 382 (1957)
 

UNITED STATES v. 1500 CASES, MORE OR LESS, ETC.

Nos. 12021, 12022.

249 F.2d 382 (1957)

UNITED STATES of America, Libellant-Appellant, v. 1500 CASES, MORE OR LESS, Etc., Respondent-Appellee. Smith Canning Company, Claimant-Appellee. UNITED STATES of America, Libelant-Appellant, v. 1473 CASES, MORE OR LESS, Etc., Respondent-Appellee. Smith Canning Company, Claimant-Appellee.

United States Court of Appeals Seventh Circuit.

November 14, 1957.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Warren Olney, III, Asst. Atty. Gen., Edwin A. Strugala, Asst. U. S. Atty., Chicago, Ill., William W. Goodrich, Asst. Gen. Counsel, Leonard D. Hardy, Atty., Dept. of Health, Education, and Welfare, Washington, D. C., of counsel, for appellant.

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

Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.

DUFFY, Chief Judge.

The United States filed two libels of information against several carloads of tomato paste charging them to be adulterated within the meaning of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 334(a)). Pursuant to monitions issued by the District Court, the United States Marshal seized the tomato paste on December 8, 1954 and on January 18, 1955. On those dates the tomato paste was stored in Crooks Terminal Warehouse in Chicago.

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