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UNITED STATES v. 40 CASES, MORE OR LESS, ETC.

Civ. No. 8084.

188 F.Supp. 290 (1960)

UNITED STATES of America v. 40 CASES, MORE OR LESS, OF Six One-Gallon Cans Article Labeled in Part (Can) PINOCCHIO BRAND 75 PERCENT CORN, PEANUT OIL AND SOYA BEAN OIL BLENDED WITH 25 PERCENT PURE OLIVE OIL — Packed by A.M.S. Packing Company, New York, — at Syracuse, New York.

United States District Court N. D. New York.

October 19, 1960.

Attorney(s) appearing for the Case

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., Timothy F. O'Brien, Asst. U. S. Atty., Troy, N. Y., of counsel, for the United States.

Julius Zizmor, New York City, for claimant, A.M.S. Packing Co.

JAMES T. FOLEY, District Judge.

The claimant, A.M.S. Packing Company, moves to dismiss this libel proceeding for seizure and condemnation of the article of food designated in the title pursuant to the provisions of the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. § 301 et seq. The factual situation is a simple one and a precise question of law involving the thrust of this important federal statute into intrastate activity is presented by the challenge of...

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