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UNITED STATES v. 233 TINS, MORE OR LESS, ETC.

Civ. A. No. 1465.

175 F.Supp. 694 (1959)

UNITED STATES of America, Libelant, v. 233 TINS, MORE OR LESS, of an Article Labeled in Part: "GROVE BRAND * * * WHOLE BLAKEMORE STRAWBERRIES, Net Weight 30 Lbs. Code 5258 Kelly Canning Co. Prairie Grove, Arkansas." Kelly Canning Company, Claimant.

United States District Court W. D. Arkansas, Fort Smith Division.

August 28, 1959.

Attorney(s) appearing for the Case

Charles W. Atkinson, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Ft. Smith, Ark., for libelant.

Wade & McAllister, Rex W. Perkins, Fayetteville, Ark., for claimant.

JOHN E. MILLER, Chief Judge.

Statement

This is a seizure action brought under the provision of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The libel of information charges that the res, 233 tins of frozen strawberries, is "adulterated" within the meaning of 21 U.S.C.A. § 342(a) (3) while held for sale after shipment in interstate commerce. The adulteration charged is that it consists "wholly or in part of a decomposed substance...

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