No. 13904.

302 F.2d 724 (1962)

UNITED STATES of America, Appellant, 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. * * *".

United States Court of Appeals Third Circuit.

Decided April 16, 1962.

Attorney(s) appearing for the Case

William W. Goodrich, Washington, D. C. (Herbert J. Miller, Jr., Asst. Atty. Gen., Harold P. Shapiro, Duane Nelson, Attys., Dept. of Justice, David M. Satz, Jr., U. S. Atty., Clair A. Cripe, Atty., Dept. of Health, Education, and Welfare, on the brief), for appellant.

Richard P. Brown, Jr., Philadelphia, Pa., for appellee.

J. Wesley Oler, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellee, Delson Candy Co.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


This is an appeal from a decision of the District Court for the District of New Jersey dismissing a libel against a number of cases of chocolate-covered mints manufactured by the Delson Candy Company. The libel is based upon the charge that the packaging of Delson Mints is so slack that the purchasing public is deceived and that the packaging used by Delson does not serve such functional usefulness as to justify the form of package adopted.


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