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UNITED STATES v. 353 CASES, ETC.

No. 15679.

247 F.2d 473 (1957)

UNITED STATES of America, Appellant, v. 353 CASES * * * MOUNTAIN VALLEY MINERAL WATER * * *; Mountain Valley Sales Company, a corporation, John G. Scott, and H. B. McFarling, Claimants, Appellees.

United States Court of Appeals Eighth Circuit.

August 6, 1957.

Attorney(s) appearing for the Case

Paul M. Steffy, Attorney, Department of Health, Education, and Welfare, Washington, D. C. (Warren Olney III, Asst. Atty. Gen., Charles W. Atkinson, U. S. Atty., Fort Smith, Ark., Frank J. Kiernan, Attorney, Department of Justice and William W. Goodrich, Asst. General Counsel, Department of Health, Education, and Welfare, Washington, D. C., on the brief), for appellant.

J. F. Schlafly, Jr., Alton, Ill. (Robert F. Schlafly, St. Louis, Mo., and Edward L. Wright, Little Rock, Ark., on the brief), for appellees.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal by the United States from an adverse judgment in a libel proceeding brought by it on August 19, 1953, in the Western District of Tennessee, for the condemnation, under § 304(a) of the Federal Food, Drug, and Cosmetic Act, 52 Stat. 1040, as amended, 21 U.S.C. A. § 334(a), of a quantity of allegedly misbranded Mountain Valley Mineral Water, bottled by the Mountain Valley Spring Company, of Hot Springs, Arkansas, and...

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