UNITED STATES v. 174 CASES, ETC.

Civ. A. No. 80-59.

195 F.Supp. 326 (1961)

UNITED STATES of America, Libellant, v. 174 CASES, MORE OR LESS, each containing 24 10-ounce packages of an article labeled in part: (package) "DELSON THIN MINTS CHOCOLATE COVERED * * * Delson Candy Co. * * * New York, N. Y. * * *", Claimant.

United States District Court D. New Jersey.

June 26, 1961.


Attorney(s) appearing for the Case

Chester A. Weidenburner, U. S. Atty., Newark, N. J., by Raymond W. Young, Asst. U. S. Atty., North Bergen, N. J., and William J. Risteau, Dept. of Health, Education and Welfare, Washington, D. C., for the Government.

Leo Rosenblum, Jersey City, N. J., for claimant; Richard P. Brown, Jr., J. Wesley Oler and Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.


WORTENDYKE, District Judge.

On appeal from this Court's order of February 23, 1960 dismissing the Government's libel of information in this case, the Court of Appeals, 3 Cir., 1961, 287 F.2d 246, 248, vacated the judgment and remanded "with the direction to proceed as the facts and the law require" because of this Court's failure to make the necessary findings of fact to support the legal...

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